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(영문) 의정부지방법원 2016.07.08 2015고단2781

상해등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. On March 30, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) 03:30 on March 30, 2015, the police officer, who was under the influence of alcohol in the Macheon Police Station C District of the Macheon-si Police Station C District; and (b) DollD, etc., who was a police officer in the relevant place, has assaulted her natives, and has to deal with the case

1. As seen, the Plaintiff asked to the effect that “......”

The Defendant, from police officers, “a certain degree of assault has been committed against the Defendant,”

“A victim is able to handle the case only when he/she is the victim,” by raising his/her speech and behavior, placing his/her book on his/her hand, and her voice, such as “this weather, spaw, fry, bitch bitch bitch,” etc., and fluently fluencing a disturbance at a police station located at a police station, which is a government office, for about 10 minutes, resulting in a very rough words and behavior.

2. The Defendant interfered with the performance of official duties, at the above date, at the above time, and at the above place, the Defendant was arrested as a current criminal of violation of the Punishment of Minor Offenses Act, such as Ba and Police Officers, as described in paragraph (1) from the above C District D and Police Officers, and resistanceed the victim, who was the police officer, was on the right side of the victim with approximately seven days of medical treatment.

As a result, the defendant interfered with the legitimate execution of duties of police officers on arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. Application of Acts and subordinate statutes on diagnostic certificates and damaged photographs;

1. Article 136 (1) of the Criminal Act (the point of interference with the performance of official duties), Article 257 (1) of the Criminal Act (the point of injury), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of interference with the performance of official duties) concerning criminal facts;

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

1. Selection of each alternative fine for punishment (the punishment for a fine is imposed on only one occasion, considering the fact that there is no other criminal history, the fact that all of his/her errors are recognized, the degree of injury is relatively minor, etc.);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.