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(영문) 대전지방법원 홍성지원 2013.07.10 2013고단254

상해등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On April 4, 2013, at least 23:30 on April 4, 2013, the Defendant: (a) demanded the victim D to take a bath by drinking alcohol in the 'E’ 2 entertainment bar room operated by the victim D in the Chungcheongnam-nam Budget Group C; (b) demanded the victim to take a bath by drinking alcohol in the 'E’ 2 entertainment bar room operated by the victim D; and (c) demanded the victim to do so; (d) the Defendant walked the door by walking the door, and returned to the signal he takes a speaking on the toilet floor, thereby obstructing the victim’s bar business for about 25 minutes by force.

2. On the same day, at around 23:55 on the same day as paragraph (1) of the same Article, the Defendant was asked about the circumstances of the above behavior of the Defendant from four persons, such as G, etc. belonging to the F District of the Budget Police Station, which was called upon the said victim’s report at the same place, and caused damage to the victim G (32 years of age) by assaulting the victim about about 10 days of the head’s character requiring medical treatment.

As a result, the defendant interfered with legitimate performance of duties by police officers concerning civil petition handling affairs, and at the same time injured the victim G.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement concerning G and D;

1. On-site and photographs of damage;

1. A copy of the work log;

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

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each selective fine for sentencing (the following factors, etc. that describe the reasons for sentencing):

1. Of concurrent crimes, the punishment provided for in the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act concerning the crime of interference with business heavier than punishment;