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(영문) 서울남부지방법원 2013.04.11 2012고단4551

상해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. On July 9, 2012, around 21:25, the Defendant: (a) asked for the reasons reported to himself by the victim E (the police officer 40 years of age) who is a police officer of the Yeongdeungpo-gu Police Station D police station affiliated with his 112 report and dispatched to the site at the scene in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul; (b) provided, the Defendant expressed that the Defendant “Is the fronter gate to the fronter. Is off the fronter gate. Is off the fronter gate. Is off this gate, Is off the fronter knick.”

Accordingly, the Defendant publicly insultingd the victim.

2. The obstruction of performance of official duties, the Defendant, at the above time, and at the above time and place, was sealed by the body of the defective body that the E attempted to arrest him as a flagrant offender, and was faced with the victim’s face by his own head.

As a result, the defendant interfered with legitimate execution of duties concerning E- 112 mobilization duties and arrest of flagrant offenders, who are police officers, and at the same time, the victim E was on a non-face that requires approximately three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. On-site reports;

1. Application of the legislation in its opinion;

1. Articles 257 (1), 136 (1), and 311 of the Criminal Act applicable to the facts constituting an offense;

1. Articles 40 and 50 (Punishment of Crimes of Bodily Harm and Crimes of Obstruction of Performance of Official Duties in the Market, and Punishment for Crimes of Serious Bodily Injury)

1. Selection of each selective fine for punishment (Consideration of grounds for sentencing to be considered in the rear);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act shall apply to concurrent crimes. Article 50 (Limits to Aggregate of Maximum Amounts of Offenses)

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

1. The crime of this case on the ground of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is deemed to have committed a crime of this case on the ground that the defendant, upon receiving a report 112 report, takes a bath to the police officer who called out, without any justifiable reason, and took face with his head and took three weeks of treatment, and the crime is not good and the case is relatively serious.