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Reasons
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(영문) 서울중앙지방법원 2016.04.20 2016고단533
폭행
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. At around June 4, 2015, the Defendant: (a) under the influence of alcohol at E main points in Jongno-gu Seoul Metropolitan Government D on June 4, 2015, the Defendant collected plastic water cups on the table with the victim F (40 tax) and the table table that had been driven by the victim; (b) the Defendant was unable to avoid a disturbance outside the main line with the victim and his/her behavior; and (c) the Defendant recommended the victim to return home to the Defendant, and the Defendant used the victim by cutting the victim’s neck beyond the victim’s head against the victim’s floor.

2. Defendant B: (a) on June 4, 2015, at the top of the main points indicated in paragraph (1) around 22:10, the Defendant resisted that the slope H belonging to the police station in Seoul, which was dispatched after receiving a report from the victim F of the assault stated in paragraph (1), intends to arrest A; and (b) on the police officer, “hums grow up to be left.”

C. C. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. B. 3, B.

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest and patrol of the police officer of the above H and I in the act of committing a crime.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to the F, H and J;

1. A photo of the damaged part;

1. 112 Application of Acts and subordinate statutes to the details of handling reported cases;

1. Defendant A of the pertinent Article of the Criminal Act concerning the crime: Article 260(1) of the Criminal Act

1. The Defendants who choose to impose a fine: Each choice of fine (in the case of Defendant B, the nature of the crime obstructing the performance of official duties is not less than that of the Defendants, but not less than that of the Defendants, with no record of criminal punishment, reflects the fact that there is no record of criminal punishment, the details and degree of the crime, the method of exercising violence, and other consideration

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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