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(영문) 창원지방법원 2015.07.28 2015고단1458

상해등

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

Criminal facts

1. 상해 피고인은 2015. 5. 18. 23:45경 창원시 성산구 대정로 131 대방덕산타운 105동 앞 주차장에서, 피고인의 차량을 위 장소까지 운전한 대리운전 기사인 피해자 B(34세)이 대리운전비를 요구하자, 술에 취해 피해자에게 “야이 씨발놈아”라고 말하면서 주먹으로 피해자의 머리 부위 등을 수회 때리고, 발로 피해자의 다리 부위를 수회 걷어찼다.

As a result, the Defendant inflicted bodily injury on the victim, such as the impairment of bodily integrity, which requires two weeks of treatment.

2. At around 00:50 on May 19, 2015, the Defendant: (a) brought a disturbance to the police box of the Changwon Police Station D, which was located in Changwon-si, Changwon-si; (b) brought a complaint on the facts arrested as a flagrant offender by committing a crime under paragraph (1) and investigating the victim under paragraph (1) by: (c) the police officer E, etc. of the above police box who was assigned to the police box, who was subject to questioning the victim of the crime under paragraph (1). As such, the Defendant was faced with the disturbance, and was charged one time as the Defendant’s mari.

As a result, the defendant interfered with legitimate execution of duties concerning criminal investigations by police officers.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning B and F;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

1. Selection of each selective fine for punishment (including the reflection of the punishment, the first offender, and the agreement with the victim of the crime of injury);

1. The former part of Article 37 of the Criminal Act, Articles 38 (1) 2 and 50 of the same Act to increase concurrent crimes;

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