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(영문) 부산지방법원 2017.11.28 2017고단4271
폭행등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 10, 2017, the Defendant, at the course park located in the 8-dong, Busan Seosan-gu, Busan on August 21, 2017, had the victim C’s side interest at several times, had the victim’s head part at one time, and received a report from D on the victim’s head part, and had the victim’s head part at one time, and asked the Defendant of the circumstances and personal information of the case after having arrived at the scene, and the Defendant was asked about the case’s situation and personal information.

“Absing to read “,” and assaulting F’s chest by hand on three occasions, and the F’s face to restrain it, such as taking the F’s face into his own head.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement protocol against C and F (the defendant and his defense counsel committed the crime of this case in a state of mental and physical weakness;

The argument is asserted.

In light of various circumstances, such as the background of the crime, the content of the crime, and the Defendant’s behavior before and after the crime, which was duly adopted and investigated by the court, there was a little degree of mental and physical weakness at the time of the crime in this case, even though there was a little degree of error

As such, the above assertion by the defendant and his defense counsel is not acceptable.

Application of Statutes

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the criminal liability of a police officer with legitimate execution of duties for the sentencing of Article 334(1) of the Criminal Procedure Act is not less than that of a crime by exercising violence against a police officer with legitimate execution of duties, the fact that a mistake is recognized and contradictory, the fact that a person commits the instant crime under the influence of alcohol, and that there is no other criminal record except criminal punishment by a fine on April 1982, with the exception of criminal punishment by a fine.

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