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(영문) 수원지방법원 2019.09.05 2019고단3595

상해등

Text

A defendant shall be punished by imprisonment for a term of eight months and a fine of one hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Around 03:30 on June 14, 2019, the Defendant violated the Punishment of Minor Offenses Act, leaving a large amount of about 10 minutes, such as “bris fluor, weather fluor,” while drinking in front of Suwon-si B, Suwon-si.

2. The Defendant received 112 report from the date, time, and place mentioned in paragraph (1) of this Article, stating that “the male is wirfing, and the female is satisfing......... The Defendant was asked five times to inform the Defendant of his personal information for the Defendant’s act of disturbing drinking alcohol from the victim D (28 years of age) who is a police officer belonging to the Suwon Police Station C District Unit of the Suwon Police Station, Suwon Police Station, and asked the Defendant of his notification of his act of disturbing drinking alcohol. However, the Defendant refused it and attempted to arrest the Defendant as an flagrant offender and take aboard the police patrol. However, the Defendant resisted the victim by assaulting the victim with the right hand, etc. of the victim, thereby interfering with the police officer’s legitimate performance of duties concerning handling 112 reports by interfering with the police officer’s 112 weeks, and at the same time, followed the victim by an interview, such as hand, etc. requiring two-day treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D and E;

1. Each statement of E and F;

1. A medical certificate;

1. Photographs of the damaged part of the police officer;

1. 112 Reporting case management table;

1. Application of Acts and subordinate statutes to a investigation report (field status, etc.) and a investigation report (a CCTV, etc. adjacent to the site);

1. Relevant provisions of Article 3 (1) 21 of the Punishment of Minor Offenses Act (in the face of disturbance), Article 136 (1) of the Criminal Act (in the face of disturbance), and Article 257 (1) of the Criminal Act concerning the crime;

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

1. Selection of a fine for a violation of the Punishment of Minor Offenses Act, with respect to the punishment of selective injury;

1. Of concurrent crimes, the former part of Article 37, and Articles 38 (1) 3 and 50 of the Criminal Act;

1. Detention at a workhouse;