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(영문) 창원지방법원 2018.09.20 2018고단1830

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

피고인은 2018. 3. 17. 03:15 경 창원시 성산구 B에 있는 C 편의점에서, 피고인이 술에 취해 소란을 피운다는 내용의 112 신고를 받고 출동한 창원 중부 경찰서 D 파출소 소속 피해자 경장 E이 피고인에게 귀가할 것을 권유하자 화가 나, “ 씨 발 새끼야, 맞짱 한번 뜨자, 씨 발 니 내가 우습게 보이나, 씨 발 놈 아 ”라고 욕설을 하며 몸으로 E을 수회 밀치고, 왼손으로 E의 얼굴을 향해 휘둘러 폭행하였다.

As a result, the Defendant interfered with the legitimate performance of duties by police officers related to the 112 reporting processing duties, and at the same time, damaged the victim's crypity that requires medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, F, and G;

1. A medical certificate;

1. Application of the Acts and subordinate statutes to the body photographs of police officers;

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

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Aggravated Punishment Order was that the Defendant, who was under the influence of alcohol, sent the disturbance to the police officer who solicited him to return home, and actively exercised violence.

However, considering various circumstances, such as the defendant's age, sex, environment, background leading up to the crime, circumstance after the crime, etc., the sentence as ordered shall be determined by taking into account the following circumstances: (a) the defendant is aware of and against the defendant when committing the crime; (b) there is no criminal history; (c) the degree of injury is relatively minor; (d) the defendant was injured in face during the process of arresting a flagrant offender; and (e) the victim's police officer was killed after committing the crime; (e) employment as student status was prepared; and (e)