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(영문) 부산지방법원 서부지원 2020.04.09 2019고단1672
독직폭행
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The Defendant was appointed as a policeman on January 24, 1998, and was promoted on September 1, 2018, and thereafter served in the Busan Western Police Station B district from January 31, 2019, and is a police officer performing duties concerning personal restraint, such as counseling on a crime or suspected report, on-site mobilization, and criminal investigation.

On March 6, 2019, at around 22:45, the Defendant was working in the District B located in Seo-gu, Busan, the Defendant received a request from the victim D (the age of 52 to pay an excessive drinking value at the nearby address, and the victim called “a day confirmation to the tax office.” As the Defendant was able to hear the bath theory from the victim, the Defendant was able to see the victim’s fluor who was standing in the shock in the said Zone B, and she was fluored three times below the threshold.

Accordingly, the defendant, as a police officer, abused a person who is subject to a duty of crime or suspected report.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. Investigation report (field investigation, etc.);

1. Application of Acts and subordinate statutes to investigation reports (the analysis and attachment of CCTV images inside the B District);

1. Article 125 of the Criminal Act concerning the relevant criminal facts;

1. Six months of imprisonment to be suspended and one year of suspension of qualifications;

1. Article 59 (1) of the Criminal Act (including the fact that the defendant reflects his act and is considered in the course of committing the crime, the victim under an agreement with the victim does not want the punishment of the defendant, and the fact that the victim works faithfully for not less than 20 years, etc.);

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