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(영문) 대구지방법원 2018.01.12 2017고단5877

상해등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On July 27, 2017, at around 04:50, the injured Defendant: (a) sought to enter the instant singing room at the entrance of the victim C (57 years of age) in Daegu Southern-gu, Daegu-gu, under the influence of alcohol; (b) however, on the ground that the business hours came to end from the victim, the injured Defendant received the victim’s face from the victim’s own head on the ground that the victim’s face would be bad; and (c) made it possible for the victim to take care of the victim’s face by drinking, the injured Defendant suffered injury, such as flac, etc., for which treatment for about 21 days is required.

2. Around 05:50 on the same day, the Defendant obstructed the police officer’s legitimate performance of duties to protect the lives and bodies of the people by assaulting the police officer F of the above police officer F of the police station of the Daegu Southern-dong Police Station, who was dispatched after receiving a report from 112 on the said ground, by leading the police officer belonging to the police station of the Daegu Southern-dong Police Station, who was called out after receiving a report from 112 on the said ground, to the singingle and suffering by leading him to the singleing at the entrance of the entrance of the above single, leading him to his body while moving to a hospital together with F of the police officer F of the above sading him, and thus obstructing the police officer’s lawful performance of duties.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement made by the police with regard to F;

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

1. Relevant Article 257(1) and Article 136(1) of the Criminal Act concerning the crime, the choice of a fine for the crime, and the choice of a fine for the crime;

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

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

1. The Defendant, on January 16, 2015, was sentenced to a suspended sentence of six months by imprisonment with prison labor for an injury at the Cheongju District Court on January 16, 2015, and was sentenced to six months by the Seoul Northern District Court on July 15, 2016, on October 15, 2016, and completed the execution of each of the above punishment on July 10, 2017, and thus, again committed the instant crime during the period of repeated offense, and the victim C suffered the injury.