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(영문) 인천지방법원 2016.07.14 2016고단3114
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 December 12, 2015, at around 04:15, the Defendant was asked to ask questions about the personal information of the Defendant from a slope C, a police officer belonging to the Incheon Gyeyang Police Station B District, who was dispatched after receiving a report from 112, the Gyeyang-gu Incheon Gyeyang-gu Incheon Gyeyang Culture and from the 54th floor non-permanent stairs of the 2nd Radon, the 2nd Radon, the 2nd Radon of the 2nd Radon of the Incheon Gyeyang Police Station B, to the Defendant, and the above C.

N. N. N.N.N.

"Abdoing and taking a bath, the inside part of the above C was drinking once a week, and the inside part of the bridge was walking several times, thereby obstructing the legitimate performance of official duties concerning the dispatch and criminal investigation of the above C's 112 report by force.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A report on investigation;

1. Application of Acts and subordinate statutes to photographs;

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 it is necessary to strictly punish police officers who perform official duties in sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, their acts of exercising force against police officers should be punished. However, the defendant's wrong recognition of his/her misconduct, the first offender who has no criminal record, the fact that the defendant is currently receiving psychological treatment, the deposit of one million won against C, etc. shall be considered as favorable circumstances, taking into account the defendant's age, sexual behavior, environment, motive and circumstance of the crime, and the circumstances after the crime, etc., and determine the punishment as ordered.

Rejection of Public Prosecution

1. On December 12, 2015, the Defendant: (a) around 04:10 on the Incheon Gyeyang-gu, Gyeyang-gu, Gyeyang-gu, Incheon, Gyeyang-gu, 54 and the 1st Women’s toilet for women E- female workers; (b) the victim E showed the Defendant’s sexual organ; and (c) the victim E tried to escape when the victim E reported this luminous light and requested the F for assistance of the victim-friendly job offers; (d) the victim E and the victim F.

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