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Defendant shall be punished by a fine of four million won.
If the defendant does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
On August 13, 2019, at around 03:39, the Defendant: (a) arrested police officers dispatched to the scene B in Ulsan-gu, Ulsan-gu as flagrant offenders of assault; (b) transferred them to the E zone unit of the Ulsan-gu, Ulsan-nam Police Station E zone; and (c) took the F patrol vehicle parked in front of the said E zone in order to transfer them to the criminal charge of the Ulsan-Namnam Police Station, the Defendant stated that “A police officers, who belong to the Ulsan-Namnam Police Station E zone E zone unit of the Ulsan-gu, Ulsan-do, and used G to take the end part of G as their head.
Accordingly, the defendant interfered with the handling of 112 reported cases by police officers and legitimate execution of duties concerning the custody of arrested flagrant offenders.
Summary of Evidence
1. Defendant's legal statement;
1. The police statement concerning G;
1. Each statement of H and I;
1. Application of the photographic Acts and subordinate statutes;
1. Article 136 (1) of the Criminal Act and the choice of a fine concerning the crime;
1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;
1. The punishment as ordered shall be determined by comprehensively taking into account various factors of sentencing, such as the degree of assault on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the fact that the facts charged are acknowledged, the fact that there is no history of criminal punishment, the age, environment, motive for crime, etc. of the defendant;
Public Prosecution Rejection Parts
1. On August 13, 2019, at around 03:39, the Defendant assaulted the victim H (30 years of age) under the influence of alcohol in Ulsan-gu C, Ulsan-gu, 2019, by avoiding disturbance, such as breading the victim’s h while under the influence of alcohol, and breading the victim’s h on two occasions.
2. This part of the facts charged is an offense falling under Article 260(1) of the Criminal Act and cannot be prosecuted against the victim’s express intent under Article 260(3) of the Criminal Act.
However, on January 16, 2020, after the institution of the instant prosecution, the victim did not want the punishment of the defendant during the third trial of the instant case.