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(영문) 서울동부지방법원 2016.02.25 2015고단3778

상해등

Text

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

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

Reasons

Punishment of the crime

On November 21, 2015, around 02:37, the Defendant was suffering from disturbance, such as assaulting “E” at the main point of “E” located on the first floor located in Gwangjin-gu Seoul Special Metropolitan City DD, and committing an act of assaulting F, the owner of the place of business, etc., the Defendant reported 112, Hah H (30 years old) of the person who belongs to the G District of the Seoul Mine Police Station that was called out after receiving the 112 report, made the Defendant’s multi-person hand by twice the victim’s scke with the victim’s multi-person hand, and scambling around the snow that requires approximately two weeks medical treatment.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H:

1. Application of Acts and subordinate statutes to medical certificates and photographs of the upper part of the body;

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

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 in the order of provisional payment is serious for the defendant to commit a crime in which he/she inflicts bodily injury on the police officer on two occasions in the course of performing official duties without any specific reason: Provided, That the punishment shall be determined by taking into account the fact that the defendant recognized his/her mistake and agreed with the damaged police officer, the fact that the defendant did not have any other criminal record, and all other factors of sentencing indicated in the record, such as the age, occupation, sex behavior, family relationship, and circumstances before and after the crime;