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(영문) 수원지방법원 2017.09.20 2017고단3287

상해등

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On May 9, 2017, the Defendant: (a) received a report from the police officer D (V, 25 years old) who was dispatched to the scene and the police officer E, who was dispatched to the police station located in the south-gu Police Station, and confirmed the case on the road in front of the Suwon-si, Suwon-si, Suwon-si, Suwon-si, and called “a woman under influence of alcohol, and a woman is going to go to the scene”; (b) received the confirmation of the case from the police officer E, who was dispatched to the site, and then, the said police officer went the Defendant to the office of the Defendant F in Young-gu, Suwon-si, Suwon-si, with the consent of the Defendant under influence of alcohol.

Around 04:10 on May 9, 2017, the Defendant: (a) was under the influence of alcohol in the patrol car, without any special reason, on the victim’s face; and (b) around 04:17 on the same day, the Defendant inflicted an injury on the victim’s open wound, where the victim was unable to know the victim’s number of days of treatment, on the ground that the victim prevented the Defendant from assaulting her mother on the road before the home of the above Defendant’s home.

As a result, the Defendant interfered with the legitimate performance of duties by police officers concerning handling 112 reports and inflicted injury on the victim at the same time.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to prepare the amnesty with D;

1. The application of Acts and subordinate statutes, such as photographing photographs of victimized police officers, keeping a police box in service, reporting on an investigation (to analyze booms of patrol vehicles) and written diagnosis;

1. Article 257 (1) and Article 136 (1) of the Criminal Act applicable to the facts constituting an offense (the point of obstructing the performance of official duties) of the same Act;

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

1. Selection of selective fine for punishment (average circumstances favorable to the grounds for sentencing);

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

1. The reason behind the sentencing of Article 334(1) of the Criminal Procedure Act - the circumstances unfavorable to the Defendant’s reason for the sentencing of Article 334(1) of the Criminal Procedure Act - the nature of the crime that led to the injury of the police officer in the course of performing his duties who aided the Defendant’s safety return. - favorable circumstances - the Defendant all