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(영문) 대구지방법원 2014.11.13 2014고단4311

상해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On May 29, 2014, at around 20:40, the Defendant took a bath to the victim H (the age of 48) who is a public official belonging to G (the age of 48), who was under the influence of alcohol in front of the E cafeteria in Daegu Suwon-gu, Daegu-gu, and was in emergency action at the traffic accident site of F, his spouse, and expressed the Defendant’s h (the age of 48), “I am Chewing typ, Heamno, and the hospital promptly.”

Accordingly, the defendant heard the victim's words "I am, I am, because I am, I am, I am, I am, I am, I am, I am, "I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am, I am the victim's am on 2 occasions, and am, I am, I am, I am, I am, I am, I am the victim's left chest with about 14 days

Accordingly, the defendant interfered with the legitimate execution of duties of the victim, who is a fire official, and inflicted an injury on the victim at the same time.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement related H;

1. A written statement of I;

1. Application of Acts and subordinate statutes to emergency medical services log and injury diagnosis report;

1. Articles 136 (1) and 257 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is as follows: (a) the defendant committed a contingent crime in the course of sending his/her spouse who has suffered a traffic accident to a hospital while under the influence of alcohol, and has agreed to do so with the victim; (b) the defendant had no record of imprisonment or any heavier punishment than a suspended sentence; (c) the defendant's age, character and conduct, intelligence and environment; (d) relationship with the victim; (e) the motive, means and consequence of the crime; and (e) various reasons for sentencing specified in the oral argument, such as circumstances after the crime,