Main Issues
In a case where the Defendants (five persons) who are police officers performing or assisting duties concerning the restraint of the human body assaulted the victims who were criminal suspects on the grounds that they did not deny a crime or confession an accomplice or a female crime, and committed a harsh act such as plucking or plucking up the victims, and thereby, led to the injury of some victims, the case convicting all the Defendants.
Summary of Judgment
In a case where the Defendants (five persons) who are police officers belonging to the police station's strong team or assist in the duties of the restraint of the human body were arrested on the grounds that they did not deny the crime or make a confession of the accomplice and the crime, etc. while investigating the criminal suspects arrested on the charges of each crime, such as special larceny, etc., and assaulted 21 victims who were suspects, and did not commit the crime, and collected a stop or duplicing, etc. on the ground that they did not have any sound to most victims, and committed an act of bucking the so-called "a plucking, plucking, etc.," which caused damage to the victim by plucking, plucking, and plucking, etc. of the arms and plouts, and thereby causing damage to some victims, the case affirmed the Defendants against all of them.
[Reference Provisions]
Articles 1(1), 30, 37, 42, and 125 of the Criminal Act; Article 42 of the former Criminal Act (Amended by Act No. 10259, Apr. 15, 2010); Article 4-2(1) of the former Act on the Aggravated Punishment, etc. of Specific Crimes (Amended by Act No. 10210, Mar. 31, 2010); Articles 10, and 12(2) of the Constitution
Escopics
Defendant 1 and four others
Appellant. An appellant
Freeboard and one other
Defense Counsel
Attorney Lee Jae-sik et al.
Text
Defendant 1 shall be punished by imprisonment for three years and suspension of qualifications for five years, by imprisonment for one year and suspension of qualifications for one year, by imprisonment for three years and by imprisonment for suspension of qualifications for three years, by imprisonment for eight months and by suspension of qualifications for two years, respectively: Provided, That the execution of each of the above punishment against Defendant 5 shall be postponed for two years from the date when the judgment becomes final and conclusive.
Criminal facts
【Status】
Defendant 1 is a police officer belonging to the Seoul Yangcheon Police Station and the strong five teams, who performs duties concerning the restraint of the human body. Defendant 2 and Defendant 3 are each slope, Defendant 4, and Defendant 5 are police officers belonging to the above strong five team, and those who assist in the duties concerning the restraint of the human body under the direction of Defendant 1.
【Criminal Facts】
1. Direct assault against the victim non-indicted 1
On August 2, 2009, the police officers of the above strong 5 team arrested the victim Nonindicted Party 1 (age 54) as the suspect of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (age 54) in the vicinity of the U.S. Mande-dong, Made-gu, Made-gu around August 15:40, 209.
At around 16:30 on the same day, Defendant 1 and Defendant 4: (a) boarded the victim on the ground that the victim denied the crime and exercised implied right against his accomplices; (b) followed the victim’s head; (c) divided the victim’s head by hand; and (d) prevented the victim from leaving the victim’s head by bucks; and (c) caused damage to the buck by plucking it by plucking it by plucking it, such as plucking the victim’s pluck, etc.; (d) the victim was unable to suffer, and (e) the victim was pleeped by plucking, plucking, cutting off, and selling the parts of the victim, etc. in the above way.
As a result, Defendant 1 and Defendant 4 conspired, and they committed assault to the victim who is a criminal suspect by being subject to performance of duties concerning the restraint of human body.
2. Reading assault against the victim non-indicted 2
At around 01:50 on September 1, 2009, the police officers of the above strong 5 team arrested the victim from Non-Indicted 2 (age 39) in the vicinity of the family of the victim Non-Indicted 2 (age 39) in the Mangyeong-gu Man-gu, Mangyeong-gu, Mangyeong-gu, Mangyeong-gu. to investigate the victim
Defendant 1, Defendant 1, and Defendant 2 and 3 police officers of the No. 5 Team were arrested the victim at the same time and parked near the same time, and the victim did not confession his accomplice in the passenger car. Defendant 1 suffered pain on the part of the victim by plucking up the victim's head in the future, such as breaking up the two arms of the victim who was then pushed up, and breaking up. Defendant 1 and 2 and 3 police officers in the name unexponed name were drinking, and Defendant 1 continued to sit inside the victim's seat and fright up in the Seoul Yangcheon Police Station, and Defendant 1 1 got involved in the victim's neck and fright up to 10 times in drinking.
As a result, Defendant 1 and 2-3 police officers of the No. 5 Team were arrested to commit violence against the victim who is a criminal suspect by committing an act of restricting the human body.
3. Reading assault against the victim non-indicted 3
On September 1, 2009, Defendant 5 and Nonindicted 4, etc., the police officer of the above strong five team, were arrested before the victim Nonindicted 3 (age 43) was living together in Seocho-gu Seoul Metropolitan Government, on the charge of special larceny, etc. and investigated the victim as the suspect.
Defendant 5 arrested the victim on the above temporary basis and moved to the place of residence of the victim because of the fact that the victim did not make a confession of the crime in the passenger car in the passenger car in Seoul Yangcheon Police Station because he did not have the stolen but did not leave the place of residence of the victim, the defendant 5 called the victim as a bucker, and the victim's bucks and bucks, and the victim's bucks and bucks were bucks and bucks.
As a result, Defendant 5 committed violence to the victim who is a criminal suspect while performing duties concerning the restraint of the human body.
4. Reading assault against the victim non-indicted 5
At around 12:45 on September 1, 2009, the police officers of the above strong 5 team arrested the victims from Non-Indicted 5 (the age of 47) in Nowon-gu in Seoul Special Metropolitan City, for special larceny, and investigated them as suspects.
Defendant 1 and Defendant 4, who were parked in the vicinity of the victim's house at the same time and at the same time, denied the victim's crime against the crime against the victim. Defendant 4 divided the victim's head into hand, prevented him from leaving the victim's body by breaking up the victim's bucks. Defendant 1 suffered pain by plucking, breaking up the victim's body, such as breaking up the bucks, etc., and Defendant 1 continued to buck up the victim's bucks, and Defendant 1 continued to do so in the middle of the Seoul Yangcheon Police Station to put the victim's bucks inside the bucks, and Defendant 4 suffered pain, etc. by breaking up the victim's body by the above methods.
As a result, Defendant 1 and Defendant 4 conspired, and they committed assault to the victim who is a criminal suspect by being subject to performance of duties concerning the restraint of human body.
5. Reading assault against the victim non-indicted 6
On November 4, 2009, the police officers of the above strong 5 team arrested the victim non-indicted 6 (years 37) as the suspect at the Youngdong Highway Incheon Myeonk-do Office located in the wife population, Young-gu Incheon Metropolitan City, and investigated the victim non-indicted 6 (ages 37) as the suspect of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.
Defendant 1 and Defendant 2 suffered from the 40 minutes of the victim's clothes and bucks on the hand of the victim, and Defendant 2 continued to inflict on the victim's clothes and bucks by drinking, on the ground that the victim did not confession his accomplice and female crime. Defendant 2 did not leave the victim's head in the future by hand, and Defendant 1 did not pluck up the victim's body, such as plucking, plucking, etc. of the victim who was then locked, and plucking, etc. for about 40 minutes. Defendant 2 did not buck back the victim's clothes and bucks by drinking, and Defendant 1 did not buck the victim's buck with the hands of the victim five times, and bucks to drinking.
Accordingly, the defendant 1 and the defendant 2 conspired, and they committed violence to the victim who is a criminal suspect by being subject to the performance of duties concerning the restraint of human body.
6. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the victim Nonindicted 7
At around 00:20 on November 10, 2009, the police officers of the above strong 5 team arrested the victim as a suspect and investigate him as a suspect in the vicinity of the victim Non-Indicted 7 (year 50) located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Crimes.
A. Defendant 1 and Defendant 2
Defendants were able to take the victim at the same time and go to the Seoul Yangcheon Police Station, and Defendant 1 told the victim to “I see whether I am well frightly and well frightly, I am well, I see to begin this system.” Defendant 2 prevented the victim’s head in the future. Defendant 1 repeated the acts of plpling the victim by plucking, bucking and cutting the victim’s bucks, etc., and Defendant 2 continued to walk the victim’s buck so that I am well frightly, and Defendant 1 am bucks the victim’s head by drinking.
Accordingly, the defendant 1 and the defendant 2 conspired, and they committed violence to the victim who is a criminal suspect by being subject to the performance of duties concerning the restraint of human body.
B. Defendant 1
피고인 1 및 성명불상의 위 강력5팀 경찰관 3~4명은 같은 날 00:50경 서울 양천구 신정동 6 서울양천경찰서 강력5팀 사무실에서, 피해자의 여죄를 자백받기 위하여, 피고인 1은 강력5팀 소속 경찰관 4명과 함께 피해자를 의자에 앉힌 다음, 손으로 피해자의 머리를 눌러 자신의 허벅지 사이에 끼워 움직이지 못하게 하고, 뒤로 수갑 채워진 피해자의 양팔을 잡아 등 위로 꺾어 올려 어깨 부위 등에 고통을 가하는 행위를 수회 반복하고, 이때 피해자가 소리를 지르자 수건을 입에 물린 후, 발로 피해자의 양 허벅지 부위 및 복부 부위를 수회 차고, 주먹으로 피해자의 양 허벅지 부위를 수회 때리고, 이에 가세하여 위 성명불상의 강력5팀 경찰관들은 피해자가 앞으로 넘어지지 않도록 피해자의 뒤에서 피해자를 붙잡고, 발로 피해자의 허벅지 부위를 수회 찼다.
As a result, Defendant 1 in collusion with Defendant 1, who is a criminal suspect, committed violence against the victim by performing duties concerning the restraint of human body, and thereby, Defendant 1 suffered double buckbucks where treatment period cannot be known to the victim.
7. Reading assault against the victim non-indicted 8
Around 03:00 on November 10, 2009, the police officers of the above strong 5 team arrested the victim non-indicted 8 (years 39) prior to the Roster PC located in the Gwanak-gu Seoul Special Metropolitan City, for suspicion of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (thief) and investigated the victim as the suspect.
A. Defendants 2 and 4
At around 03:40 on the same day, the Defendants: (a) moved the victim to the Seoul Gyeyang Police Station, and parked the said knife in the parking lot; (b) and (c) made the victim's head divided into the victim's head in the future on the grounds that the victim denies the crime; and (d) made twice twice the victim's act of causing pain to the shoulder, such as plucking, plucking, etc. of the victim who was faced with the knife, and then repeated twice the victim's knife, walking the knife, walking the knife and drinking, etc.; and (b) made it possible for the victim to take part in the knife of the victim's knife by drinking.
Accordingly, the defendant 2 and the defendant 4 conspired, and they committed violence to the victim who is a criminal suspect by being subject to the performance of duties concerning the restraint of human body.
B. Defendants 1, 2, 3, and 4
At around 03:50 on the same day, the Defendants were in the Seoul Yangcheon Police Station’s office, on the grounds that the victims were denied and neglected the crimes. Defendant 1, by hand, scambling the victim’s chests twice, scambling the victim’s chests, and scambling the victim’s chests twice due to the outbreak, and the Defendants were unable to scam the victim’s hairs and legs, after scam the victim’s head and bridges into the office floor, and scambling the victim’s scams, and the victim’s hairs cannot be scamd with the tape after scambling the victim’s scams, and repeated the victim’s scambling, etc. with the victim’s scambling.
Accordingly, Defendant 1, Defendant 2, Defendant 3, and Defendant 4 conspired with each other, and committed assault against the victim who is a criminal suspect by performing duties concerning the restraint of the human body.
8. Reading assault against the victim non-indicted 9
On November 13:35, 2009, the police officers of the above strong five team arrested the victim non-indicted 9 (age 48) as the suspect in charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (age 48) at the Dogdong, Gwanak-gu, Seoul Special Metropolitan City, and investigated the victim non-indicted 9 (age 48).
A. Defendants 1, 3, 2, and 4
The Defendants arrested the victims at the same time and moved to the Seoul Yang Rexroth Police Station, on the ground that the victim did not confession his accomplice, Defendant 1 instructed other police officers to assault the victim. Defendant 3 and Defendant 2 were seated next to each other of the victims, and Defendant 4 was seated in front of the victim, and Defendant 3 and Defendant 2 did not come up with the victim by dividing the victim’s knee and buckbbbbs. Defendant 4 did not go up, and Defendant 4 repeated acts by plpling and plucking the victim’s two arms, etc., and continued to do so.
Accordingly, Defendant 1, Defendant 3, Defendant 2, and Defendant 4 conspired with each other, and committed assault against the victim who is a criminal suspect by performing duties concerning the restraint of the human body.
B. Defendant 1
At around 14:20 on the same day, the Defendant, at the strong 5 team office of the Seoul Yangcheon Police Station on the same day, she, "I can do so alone," provided that "I can do so alone," one hand, she was suffering by plucking, plucking off, etc. of the victim who was spawned back with the victim's head and head, etc., and spawned back with one hand.
Accordingly, the defendant committed violence to the victim who is a criminal suspect while performing duties related to the restraint of the human body.
9. Direct assault against the victim non-indicted 10
On December 17, 2009, the police officers of the above strong 5 team arrested the victim non-indicted 10 (years 34) from the second floor of the 969-1 building in Yangcheon-gu Seoul, Yangcheon-gu, Seoul and investigated the victim as the suspect.
A. Defendant 5
Defendant 5, at the same time, took the victim's head into consideration on the ground that he did not confession his accomplice within the Seoul Yangcheon Police Station while he was on board the said victim at the same time. Defendant 5 got informed of the victim's head within the Seoul Yangcheon Police Station, and got back to the victim's hand.
As a result, Defendant 5 committed violence to the victim who is a criminal suspect while performing duties concerning the restraint of the human body.
B. Defendants 1, 2, 3, 4, and 5
The Defendants, at around 17:00 on the same day, instructed Defendant 1 to kne kel and kele the victim, but refused to do so, Defendant 1 instructed Defendant 2, Defendant 3, Defendant 4, and Defendant 5 to kne the victim, Defendant 5 and Defendant 4 to kne up the victim’s knee to the floor, and Defendant 4 took knee the victim’s head, Defendant 2 and Defendant 3 followed the victim’s head, Defendant 3, Defendant 1 followed up the victim’s knee and bridge part, and Defendant 1 followed up the victim’s kne kel and knee to the victim’s knee and kne, and repeated the victim’s knick up to the victim’s name and kick up to the victim’s 8th parallel by plleing it, etc., and Defendant 4 and 8th of the victim’s name and kick up to the victim’s kne.
As a result, the Defendants conspired to commit violence against the victim who is a criminal suspect by being subject to duties concerning the restraint of the human body.
10. Direct assault against the victim non-indicted 11
At around 20:30 on December 17, 2009, the police officers of the above strong 5 team arrested the victim non-indicted 11 (27 years of age) from Jongno-gu Seoul Jongno-gu 177-2 Scarnet 177-2 Scarnet, for charges of special larceny, etc. and investigated the victim non-indicted 11 as the suspect.
At around 21:05 on the same day, Defendants 1, 2, 3, and 4 instructed other police officers to cover sofashion on the ground that the victim denies the commission of crime. Defendant 4: (a) caused three small-scale scooshing on the floor; (b) caused the victim to be pushed down on the floor; and (c) Defendant 2, Defendant 4, 2, and Defendant 4, by unfashing the victim’s breabbbbbs, so that the victim cannot move down. Defendant 1, 2, 3, and 2, 3, 2, 2, 2, 2, 2, 2, 2, 3, 3, 2, 3, 3, 3, and 3, 2, 3, 2, 3, 2, 3, 3, 2, 3, 3, 3, 2, 3, 3, 3, 3, 3, 2, 3, 2, 3, 2, 3, 3, 3, 2, 3, 3, 2, 2, 2, k.
Accordingly, Defendant 1, Defendant 2, Defendant 3, and Defendant 4 conspired with each other, and committed assault against the victim who is a criminal suspect by performing duties concerning the restraint of the human body.
11. Direct assault against the victim non-indicted 12
On January 18, 2010, the police officers of the above strong 5 team arrested the victim non-indicted 12 (years 44) from the new 1169-17 rooftop Dong-dong, Yangcheon-gu, Seoul to the charge of water acquisition, etc. and investigated the victim as the suspect.
A. Defendant 1
At around 22:00 on the same day, Defendant 1 and 2 and 3 police officers of the Seoul Yangcheon Police Station on the ground that the victim did not confession against the female crime, the police officers of the fest five team police officers of the finite team finite finite finite finite finite finite finite finite find the victim's hand back to the victim's hand, and find the victim's hand back to the victim's hand. The police officers of other finite finite finite finite finite find the victim's head kne kne, and the police officers of other finite finite find find find f in the victim's bridge. Defendant 1 find the victim's arms with the victim's arms find by pling, etc.
As a result, Defendant 1 committed violence to the victim who is a criminal suspect in collusion with Defendant 1's strong 5 team police officers, due to the performance of duties concerning the restraint of human body.
B. Defendants 1, 3, and 5
피고인들은 같은 날 23:00경 서울 양천구 신월동에 있는 가로공원 앞 노상에 세워진 승합차 안에서, 피해자 공소외 12가 계속 주위를 맴돌며 범행장소를 특정하지 못한다는 이유로 피고인 3, 피고인 5는 피해자의 양 옆에 앉아 피해자가 움직이지 못하도록 피해자의 무릎을 누르고, 피고인 1은 피해자의 머리를 자신의 허벅지 사이에 끼운 다음 뒤로 수갑 채워진 피해자의 양팔을 잡아 등 위로 꺾어 올려 어깨 부위 등에 고통을 가하였다.
As a result, Defendant 1, Defendant 3, and Defendant 5 conspired, and they committed assault to the victim who is a criminal suspect by being subject to performance of duties concerning the restraint of human body.
12. Direct assault against the victim non-indicted 13
On January 20, 2010, the police officers of the above strong 5 team arrested the victim non-indicted 13 (24 years old) from the second floor of the 971-2 building in Yangcheon-gu, Seoul, Yangcheon-gu, 971 as a special larceny and investigated the victim as the suspect.
At around 13:30 on the same day, Defendant 1, Defendant 4, and Defendant 5 instructed Defendant 4 to take back the victim’s body, and Defendant 4 failed to take back the victim’s body, Defendant 4, Defendant 4, and Defendant 5 failed to take off the victim’s body. Defendant 1 suffered from the above plucking, such as breaking up the victim’s body, by cutting down the victim’s body, etc., and Defendant 4 and Defendant 5 continued to resist the victim’s body. Defendant 4 and Defendant 5 continued to resist the victim, and Defendant 5 met the victim’s bucks.
As a result, Defendant 1, Defendant 4, and Defendant 5 conspired, and committed assault to the victim who is a criminal suspect, due to the performance of duties concerning the restraint of human body.
13. Direct assault against the victim non-indicted 14
At around 16:30 on February 26, 2010, the police officers of the above strong 5 team arrested the victim non-indicted 14 (age 48) from the front side of the national bank located in Yeongdeungpo-gu Seoul Metropolitan Government Yeongdeungpo-dong 3, Yeongdeungpo-gu, Yeongdeungpo-gu and investigated the victim as the suspect.
At around 17:05 on the same day, Defendant 1, Defendant 2, Defendant 3, and Defendant 5 met, on the ground that the victim denies the commission of the crime, Defendant 5 went through a scood-scood-scood-sood-sood-sood-sood-sood-sood-sood-sood-sood-sood-sood-sood-sood-sood-kood-kood-kood-kood-kood-kood-kood-kood-kood-kood-kood-kood-kood-kood-kood-kood-kood-khd-khd-kood-kood-kakd-kood-kakd-kood-kood-kn-kood-kood-kn-kood-kn-k.
However, the victim intending not to sit up as a sloping, putting a stop into a sloping tape, putting the stop into a sloping tape, preventing the sound from being cut, and Defendant 3 1 suffered from the sloping of the sloping victim by plucking, plucking, etc., and Defendant 1 1 suffered from the sloping of the victim, such as the two arms of the sloping victim, which he saw up by drawing up.
Accordingly, Defendant 1, Defendant 2, Defendant 3, and Defendant 5 conspired to perform duties concerning the restraint of human body, and commit assault against the victim who is a criminal suspect.
14. Direct assault against the victim non-indicted 15
At around 16:00 on March 9, 2010, the police officers of the strong 5 team arrested the victim non-indicted 15 (years 44) on the road near the studio of Non-indicted 17 located in the Gwanak-gu Seoul Special Metropolitan City, as a special theft suspicion and investigated the victim as the suspect.
Defendant 1 and Defendant 2 and 3 police officers of the above strong 5 team 2 and 2nd police officers of the above temporary sM5 team called Defendant 5's SM5 team, who was a police officer of the above stud around the above string, boarded the victim's head in the future on the ground that the victim denies the thief, and caused the victim's loss by plucking, plucking, plucking, etc. of the victim by one hand, and continuing to park the victim in the above studs around the above studs. On the ground that the victim continued to deny the crime, Defendant 1 and two police officers of the strong 5 team, who were under his direction, continued to 1 to 4th of the police string the victim's right by plucking and plucking the victim's arms, etc., and continued to 5th of the police string the victim's escape.
As a result, Defendant 1 conspiredd with 2 and 3 police officers in a strong five team police officers, and committed assault against the victim who is a criminal suspect by performing duties concerning the restraint of human body.
15. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victim Nonindicted 16
On March 9, 2010, the police officers of the above strong 5 team arrested the victim non-indicted 16 (38 years of age) as the special larceny suspicion and investigated the victim as the suspect, as Non-indicted 17, in the studio of Non-indicted 17 in the Gwanak-gu Seoul Special Metropolitan City, Nowon-gu.
At around 18:00 on the same day, Defendant 1, Defendant 2, and Defendant 4 denied the victim’s crime against the female crime. Defendant 1 refused the victim’s refusal to put in a stop, divided both bucks by hand, and collected the suspension into a scoo tape, cut off the scood and head into the scood tape several times. Defendant 4 was attached to the scood 3 floor of the office, the Defendants moved the victim into the scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scoods.
In the end, the victim caused the loss and the victim still denied the crime, Defendant 1, by one hand, sucked down the victim's head knife with his head knife, and spacked the part of the victim's knife with one hand, and the victim who was unable to have suffered the loss knife knife the victim's left knife and knife the knife.
Nevertheless, as the victim continued to deny the crime, Defendant 1 left the victim's injury again, and Defendant 1 suffered from plucking, plucking, etc. of the victim by the above methods, such as plucking, plucking, etc. of the victim.
Accordingly, Defendant 1, Defendant 2, and Defendant 4 conspired with each other to perform duties relating to the restraint of the human body, thereby committing assaulting the victim who is a criminal suspect, and thereby resulting in the injury of the victim, such as the right side of the left side of which the treatment period cannot be known.
16. Direct assault against the victim non-indicted 17
At around 16:30 on March 9, 2010, the police officers of the strong 5 team arrested the victim with Nonindicted 16 on the roads near the studio of the victim Nonindicted 17 (year 44) in the Gwanak-gu Seoul Special Metropolitan City, and investigated the victim as the suspect.
At around 18:30 on the same day, Defendant 4, Defendant 1, Defendant 3, and Defendant 4, on the ground that the victim denied the crime against the female crime. Defendant 4, after putting the victim’s fluort to the entrance and the head into the scarf tape, put the victim’s scarfet to the small scarfet, put the scarfet into the front and the head into the scarfet, put the scarfet, put Defendant 3 and Defendant 4 into the scarfet at the direction of Defendant 1, and prevented Defendant 3 and Defendant 4 from leaving the victim due to the head and sane. Defendant 1, who continued to put the scarfet to the upper part of the victim’s flabbbet, etc., and caused Defendant 4 to have the right side of the victim’s knebbbbbbbbbbbs.
As a result, the Defendants conspired to commit violence against the victim who is a criminal suspect by being subject to duties concerning the restraint of the human body.
17. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victim Nonindicted 18
around 05:50 on March 26, 2010, the police officers of the above strong 5 team arrested the victim from the house elevator in Nowon-gu, Seoul Special Metropolitan City, Nowon-gu, Non-Indicted 18(32) for special larceny, etc. to investigate the victim as the suspect.
At around 06:30 on the same day, Defendant 1, Defendant 2, Defendant 3, and Defendant 4, on the grounds that the victim was denied the crime. Defendant 1, who met the body of the victim, was sprinked on the floor of the office, after having sprinked the victim into the office. Defendant 1, Defendant 2, Defendant 3, and Defendant 4, by hand, did not sprink the victim’s head between bucks and bucks. Defendant 1 did not spack the victim’s head, and Defendant 2, Defendant 3, and Defendant 4 did not spack the victim’s body in order to buck the victim’s head, and spack the head. Defendant 1 did so by breaking up the victim’s body by plucking, breaking up the victim’s spack, and destroying it on the part of the victim.
Accordingly, Defendant 1, Defendant 2, Defendant 3, and Defendant 4 conspired with each other to commit assault against a criminal suspect by performing duties concerning the restraint of the human body, and thereby, caused the victim to injure the right joints of the elbow joints that require at least three months of treatment.
18. Direct assault against the victim non-indicted 19
Around 14:50 on March 28, 2010, the police officers of the said strong 5 team arrested the victim Nonindicted 19 (the age of 32) who was together with Nonindicted 20 and Nonindicted 21 from the 314 Mool 37.2 “Wil Forest 37.2,” located in Songpa-gu Seoul Songpa-gu Seoul, as the suspect under suspicion of violation of the Act on the Control of Narcotics, Etc.
At around 16:50 on the same day, Defendant 1, Defendant 2, and two police officers of the Seoul Yangcheon Police Station on the ground that the victim denies the crime. Defendant 1, on the ground that the Defendant 2, at the office of the Seoul Yangcheon Police Station, 3 small scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood scood.
As a result, Defendant 1 and Defendant 2 conspiredd with two police officers in a strong five team of his name and committed violence against the victim who is a criminal suspect.
19. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victim Nonindicted 20
Around 14:50 on March 28, 2010, the police officers of the said strong five team arrested the victim Nonindicted 20 (years 37.2) who was together with Nonindicted 19 and Nonindicted 21 in the Songpa-gu Seoul 21 from the 314 room of the "Wil Forest 37.2" Mobane in Songpa-gu Seoul, Songpa-gu, Seoul as the suspect, and investigated the victim Nonindicted 20 (ages 32) as the suspect.
Defendant 1, Defendant 3, and Defendant 4, at around 29:00 of the same month, on the grounds that the victim denied the crime, Defendant 1 continued to appear in the above manner, as the victim followed and walked with the victim, and the victim 1 was divided the head of the victim who was seated into double hand, and the victim was unable to move up between buckbucks and bucks, etc., with Defendant 3 and Defendant 4. At this time, the victim was sounded and resisted by the victim, and Defendant 4 was unable to sound the victim with scar tape, and the victim continued to do so.
When the victim continued to deny the theft suspicion, Defendant 1 caused the victim's injury to the floor of the office, after having the victim cover a sofashion, and then having the victim take the head of the victim up by hand, and then causing pain to the part of the shoulder by plucking it by plucking it, such as plucking the two arms of the victim who was faced with the victim by hand. In this case, Defendant 3 and Defendant 4 could not be divided into the body of the victim and the body of the victim.
As a result, Defendant 1, Defendant 3, and Defendant 4 conspired with each other to perform duties relating to the restraint of the human body, thereby committing assault against the victim who is a criminal suspect, and thereby resulting in the injury to the victim, such as the left-up account, which requires the victim to be treated for about seven days.
20. Exclusive assault against the victim non-indicted 22
On March 30, 2010, the police officers of the above strong 5 team arrested the victim non-indicted 22 (age 33) who visited Non-indicted 20 as the Seoul Gyeyang Police Station around 15:25 on the charge of special larceny and investigated him as a suspect.
Defendant 1, at around 17:00 on the same day, was arrested, under investigation by the suspect, and after completion of the crime, took the victim into the inside of the office, and sounded, Defendant 1: (a) the police officer in a strong five team with his name unstrings divided the victim’s head into bucks in hand; (b) the victim’s head was unstring between bucks; (c) the victim’s head was unstring between bucks; and (d) the victim’s head was bucked by drinking, etc. and the victim’s head was shick back from buckbucks to the left side; and (d) the victim’s head was mil back to the victim’s left part of the victim’s left part by hand.
As a result, Defendant 1 committed violence to the victim who is a criminal suspect while performing duties concerning the restraint of the human body.
21. Exclusive assault against the victim non-indicted 23
From March 31, 2010 to around 11:50, the police officers of the above strong 5 team arrested the victims from the house of 399-34 victim non-indicted 23 (age 31) in Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul to the charge of special larceny, etc. and investigated them as suspects.
Defendant 1, at around 13:30 on the same day, was arrested by the victim and opened to the office, took the head of the victim at one hand, took the victim's head at one time, continued to divide the victim's head into one hand, made the victim's head from one hand, and prevented him from leaving his bucks between his bucks.
As a result, Defendant 1 committed violence to the victim who is a criminal suspect while performing duties concerning the restraint of the human body.
Summary of Evidence
【Court No. 1】
1. Partial statement of Defendant 1, Defendant 4’s legal statement
1. Each protocol of examination of the suspect against Defendants 1 and 4 by the prosecution;
1. Each prosecutor’s statement about Nonindicted 1 and Nonindicted 7
[Attachment 2]
1. The defendant 1's partial statement
1. Each prosecutor's interrogation protocol concerning Defendant 1;
1. Each prosecutor’s statement on Nonindicted 2, Nonindicted 24, Nonindicted 25, and Nonindicted 26
1. Investigation report (report attached to the results of investigation by the Human Rights Commission related to Nonindicted Party 2);
【Third Facts at the Time of Sales】
1. Defendant 5’s legal statement
1. Each prosecutor's protocol of suspect examination against Defendant 5;
1. Each prosecutor’s protocol on Nonindicted 3, Nonindicted 2, Nonindicted 5, Nonindicted 27, and Nonindicted 28
[No. 4]
1. Partial statement of Defendant 1, Defendant 4’s legal statement
1. Legal statement of the witness Nonindicted 5
1. Each protocol of examination of the suspect against Defendants 1 and 4 by the prosecution;
1. Each prosecutor’s statement on Nonindicted 5, Nonindicted 2, Nonindicted 29, and Nonindicted 6
[No. 5]
1. Partial statement of Defendant 1, Defendant 2’s legal statement
1. Each protocol of examination of the suspect against Defendants 1 and 2 by the prosecution;
1. Each prosecutor’s statement about Nonindicted 6 and Nonindicted 30
[Court No. 6]
1. Defendant 1’s partial statement (related to paragraph 6-b) and legal statement (related to paragraph 6-b) and Defendant 2’s legal statement
1. Each protocol of examination of the suspect against Defendants 1 and 2 by the prosecution;
1. Each prosecutor’s statement concerning Nonindicted 7, Nonindicted 2, Nonindicted 6, Nonindicted 8, Nonindicted 31, and Nonindicted 32
1. On the part of Nonindicted Party 7, which was made up at the Yeongdeungpo-gu Station (eightth page of investigation records, 5157 pages);
【Court of Second Instance】
1. Part of Defendant 1’s legal statement, each of the legal statements of Defendant 2, Defendant 3, and Defendant 4
1. Each prosecutor's protocol of interrogation of the suspect against Defendants 1, 2, 3, and 4
1. The prosecutor’s statement concerning Nonindicted 8
[No. 8]
1. Part of Defendant 1’s legal statement, each of the legal statements of Defendant 2, Defendant 3, and Defendant 4
1. Legal statement of the witness Nonindicted 9
1. Each prosecutor's protocol of interrogation of the suspect against Defendants 1, 2, 3, and 4
1. Each prosecutor’s statement about Nonindicted 9 and Nonindicted 6
[Judgment of the court below]
1. Each legal statement of the defendant 1, 2, 3, 4, and 5
1. Legal statement of the witness Nonindicted 10
1. Each prosecutor's protocol of examination of the suspect against Defendants 1, 2, 3, 4, and 5
1. Each prosecutor’s protocol on Nonindicted 10, Nonindicted 33, Nonindicted 34, and Nonindicted 35
1. Investigation report (report on the currency which is a public defender);
[Judgment of the court below]
1. Part of Defendant 1’s legal statement, each of the legal statements of Defendant 2, Defendant 3, and Defendant 4
1. Legal statement of the witness Nonindicted 11
1. Each prosecutor's protocol of interrogation of the suspect against Defendants 1, 2, 3, and 4
1. Each prosecutor’s statement on Nonindicted 11, 10, and 36
[Judgment of the court below]
1. The legal statement of Defendant 1 (the fact of paragraph 11-b) and each of the legal statements of Defendant 3 and Defendant 5
1. Each prosecutor's protocol of examination of the suspect against Defendants 1, 3, and 5
1. Each prosecutor’s protocol on Nonindicted 12, Nonindicted 37, Nonindicted 38, and Nonindicted 39
1. Investigation report (report on the current status of meetings with victim non-indicted 12 and accompanying a record of recording);
[Judgment of the court below]
1. Each legal statement of Defendant 1, Defendant 4, and Defendant 5
1. Each prosecutor's protocol of examination of the suspect against Defendants 1, 4, and 5
1. Each prosecutor’s statement on Nonindicted 13 and Nonindicted 40
[Case No. 13]
1. Part of Defendant 1’s legal statement, each legal statement of Defendant 2, Defendant 3, and Defendant 5
1. Legal statement of the witness Nonindicted 14
1. The result of the CD verification in this Court (the third trial date);
1. Each prosecutor's protocol of interrogation of the suspect against Defendants 1, 2, 3, and 5
1. The prosecutor’s statement concerning Nonindicted 14
1. A criminal investigation report (CCTV verification) (not more than three am 1921 pages);
[Judgment of the court below]
1. The defendant 1's partial statement
1. Legal statement of the witness Nonindicted 15
1. The result of the CD verification in this Court (the third trial date);
1. Each prosecutor's interrogation protocol concerning Defendant 1;
1. Each prosecutor’s statement concerning Nonindicted 15
1. A report of investigation (a copy of the ledger of drug receipts and disbursements);
1. Investigation report (Defense Counsel including Nonindicted 17, etc.)
1. Sovereign (Non-Indicted 15, Non-Indicted 5, 5, 5606 pages)
[Article 15]
1. Part of Defendant 1’s legal statement, Defendant 2 and Defendant 4’s legal statement
1. Legal statement of the witness Nonindicted 16
1. Each prosecutor's protocol of examination of the suspect against Defendants 1, 2, and 4
1. Each prosecutor’s statement on Nonindicted 16, Nonindicted 17, and Nonindicted 41
1. A report of investigation (a copy of the ledger of drug receipts and disbursements);
1. Investigation report (Defense Counsel including Nonindicted 17, etc.)
1. Sovereign (Non-Indicted 16, No. 5, No. 5607 pages)
[Judgment of the court below]
1. Each legal statement of Defendant 1, Defendant 3, and Defendant 4
1. Each legal statement of the witness, Nonindicted 17 and Nonindicted 16
1. The result of the CD verification in this Court (the third trial date);
1. Each prosecutor's protocol of examination of the suspect against Defendants 1, 3, and 4
1. Each prosecutor’s statement concerning Nonindicted 17, Nonindicted 15, and Nonindicted 16
1. A report of investigation (a copy of the ledger of drug receipts and disbursements);
1. Investigation report (Defense Counsel including Nonindicted 17, etc.)
1. Sovereign (Non-Indicted 17, Non-Indicted 5, 5, 5605 pages)
[Judgment of the court below]
1. Part of Defendant 1’s legal statement, each of the legal statements of Defendant 2, Defendant 3, and Defendant 4
1. Each legal statement of the witness, Nonindicted 18 and Nonindicted 23
1. Each prosecutor's protocol of interrogation of the suspect against Defendants 1, 2, 3, and 4
1. Each prosecutor’s statement concerning Nonindicted 18 and Nonindicted 23
1. Investigation report (the confirmation of Non-Indicted 18 injury, etc.);
1. Medical doctor Nonindicted 18’s statement of opinion regarding Nonindicted 18’s preparation of Nonindicted 42 (investigative Record 3: 2041 pages)
1. Register of medical treatment of prisoners (three right 2052 pages of investigation records);
[Judgment of the court below]
1. Defendant 2’s legal statement
1. Each legal statement of the witness, Nonindicted 19, Nonindicted 21, and Nonindicted 43
1. Each protocol of examination of the suspect against Defendants 1 and 2 by the prosecution;
1. Each prosecutor’s statement on Nonindicted 19, Nonindicted 20, Nonindicted 21, Nonindicted 23, and Nonindicted 43
[Judgment of the court below]
1. Part of Defendant 1’s legal statement, Defendant 3 and Defendant 4’s legal statement
1. Each legal statement of the witness, Nonindicted 20, Nonindicted 21, and Nonindicted 43
1. Results of the verification of each video CD in this Court (the fifth trial date and the seventh trial date);
1. Each prosecutor's protocol of examination of the suspect against Defendants 1, 3, and 4
1. Each prosecutor’s statement on Nonindicted 20, Nonindicted 21, Nonindicted 23, Nonindicted 44, and Nonindicted 43
1. Investigation report (to check Nonindicted 20 and Nonindicted 22 interview attorney-at-law call, to check the investigation records, and to hold the investigation records 1298 pages)
1. A medical doctor’s written diagnosis on Nonindicted 20 in Nonindicted 45 Nonindicted 45’s preparation (the investigative record No. 2, 962 pages)
[Judgment of the court below]
1. The defendant 1's partial statement
1. Legal statement of the witness Nonindicted 22
1. Each prosecutor's interrogation protocol concerning Defendant 1;
1. Each prosecutor’s statement concerning Nonindicted 22 and Nonindicted 23
1. Investigation report (the confirmation of hearing statements by a public defender, the second right to the investigation records, the second right to the investigation records), and investigation report (the confirmation of Nonindicted 20 and Nonindicted 22 interview attorney call)
[Judgment of the court below]
1. The defendant 1's partial statement
1. Legal statement of the witness Nonindicted 23
1. Each prosecutor's interrogation protocol concerning Defendant 1;
1. Each prosecutor’s statement concerning Nonindicted 23
1. Investigation report (Listening to the statement by a public defender);
Application of Statutes
1. Article applicable to criminal facts;
A. Defendant 1: Article 4-2(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 125 and 30 of the Criminal Act [the victim Nonindicted 7, Nonindicted 16, Nonindicted 18, and Nonindicted 20], Article 125 and the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259 of April 15, 2010) shall be 15 years of imprisonment under Article 1(1) of the Criminal Act], Article 125 and 30 (victim Nonindicted 1, Nonindicted 2, 5, Nonindicted 6, Nonindicted 7, Nonindicted 8, Nonindicted 9, Nonindicted 10, Nonindicted 11, Nonindicted 12, 13, Nonindicted 14, Nonindicted 15, Nonindicted 17, and Nonindicted 19, Nonindicted 23, Nonindicted 25, and Nonindicted 19) of the Criminal Act.
B. Defendant 2: Article 4-2(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 125 and 30 of the Criminal Act [the point of injury caused by each direct assault against the victim, Nonindicted 16, and Nonindicted 18], Article 125 and 30 of the Criminal Act (the period of imprisonment with labor for 15 years prescribed in the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010) (the period of imprisonment with labor for 15 years) pursuant to Article 1(1) of the Criminal Act], and Articles 125 and 30 of the Criminal Act (the point of joint exclusive assault against the victim, Nonindicted 6, 7, 8, 9, Nonindicted 10, Nonindicted 11, 14, and Nonindicted 19
C. Defendant 3: Article 4-2(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 125 and 30 of the Criminal Act [the point of injury caused by each direct assault against the victim, Nonindicted 18, and Nonindicted 20], Article 125 and 30 of the Criminal Act (the point of injury caused by each direct assault against the victim, but the upper limit shall be 15 years of imprisonment under the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259 of April 15, 2010)], and Articles 125 and 30 of the Criminal Act (the point of joint direct assault against the victim, Nonindicted 8, 9, Nonindicted 10, Nonindicted 11, Nonindicted 12, Nonindicted 14, and Nonindicted 17)
D. Defendant 4: Article 4-2(1) of the Act on the Aggravated Punishment, etc. of Specific Crimes, Articles 125 and 30 of the Criminal Act [the victims, Nonindicted 16, 18, and Nonindicted 20 respectively, and the upper limit thereof shall be 15 years of imprisonment under the main sentence of Article 42 of the former Criminal Act (amended by Act No. 10259, Apr. 15, 2010)], Article 125 and 30 of the Criminal Act (amended by Act No. 125, Nonindicted 5, 8, 9, Nonindicted 10, Nonindicted 11, 13, and Nonindicted 17], and Article 125 and 30 of the Criminal Act (amended by Act No. 10259, Apr. 15, 2010)
E. Defendant 5: Articles 125 and 30 (a point of common violence against victims, Nonindicted 10, Nonindicted 12, Nonindicted 13, and Nonindicted 14) of the Criminal Act; Article 125 of the Criminal Act (a point of common violence against victims, Nonindicted 3, and Nonindicted 10)
1. Aggravation for concurrent crimes;
A. Defendant 1: The former part of Article 37, Articles 38(1)2 and 38(1)3, and Article 50 of the Criminal Act (Concurrent Punishment, etc. of Specific Crimes (Concurrent Punishment, etc. of Specific Crimes against Victims Non-Indicted 20 with the largest punishment and punishment)
B. Defendant 2: The former part of Article 37, Articles 38(1)2 and 38(1)3, and Article 50 of the Criminal Act [Concurrent punishment for concurrent crimes and suspension of qualifications as prescribed for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against the Victims Non-Indicted 18, who are the largest punishment and criminal punishment]
(c) Defendant 3: the former part of Article 37, Articles 38(1)2, and 50 of the Criminal Act [Concurrent punishment and the suspension of qualification as provided for the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes against Non-Indicted 20, who are the largest punishment and criminal punishment, shall be imposed concurrently]
(d) Defendant 4: The former part of Article 37, Articles 38(1)2 and 38(1)3, and Article 50 of the Criminal Act (Concurrent Punishment, etc. of Specific Crimes (Concurrent Punishment, etc. of Specific Crimes against Victims Non-Indicted 20 with the largest punishment and punishment)
(e) Defendant 5: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act (aggravating concurrent crimes with the punishment stipulated in the crime of direct assault against the victim non-indicted 14, who is the largest offense)
1. Suspension of execution;
Defendant 5: Article 62(1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)
Reasons for sentencing
The crime of this case is highly poor in light of the fact that the Defendants, who are police officers performing or assisting duties concerning the restraint of human body, assaulted 21 victims who were criminal suspects on the ground that they did not deny the crime or make a confession of such crimes, and thereby inflicted bodily injury on certain victims. The crime of this case was committed repeatedly, systematically, and systematically over a long time.
The Defendants complained of the so-called “bruhing and plucking,” which may cause damage to the parts of the victims by plucking, plucking, cutting, etc. of their arms after cutting them in a tape to prevent certain victims from spreading noise on the ground that their attitudes are bad. Also, the Defendants complained of the so-called “bruhing and plucking,” which may cause damage to the parts of the victims by plucking them, and accordingly, certain victims were suffering from fear of death. In addition, as the victims did not reach an agreement with the victims, most victims want to punish the Defendants. In addition, in addition to the above circumstances, the advisers want to be punished against the Defendants, taking into account the anti-human rights crime, which is not always payable for any reason under the current constitutional order declaring the dignity and value of human beings, due process, rights not to be allowed, etc., and that there is a cruel and criminal fact that must be left in the door society, the Defendants cannot be punished.
However, in light of the fact that the Defendants were living under detention, and the Defendants were able to suffer bodily harm due to physical collision with criminals, and the desire to commit the crime of this case was only made while arresting and investigating violent crimes that could not late at the same time, and the principle of excessive performance and performance evaluation as a result of arresting criminals seems to have been well-grounded. Defendant 1 was working in the police station for about 18 years from around 192, and was working in the police station for about 20 times, and was unable to receive official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official. official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official official.
Judges Kim Hong (Presiding Justice)