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(영문) 수원지방법원 2016.09.08 2016고단4164

상해등

Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

At around 23:25 on June 28, 2016, the Defendant: (a) reported 112 at the Defendant’s house located in Suwon-si B and 602; and (b) obstructed the victim D (the age of 36) of the police box affiliated with the Suwon-gu Police Station C police station of Suwon-gu, which called the Defendant with the entrance and wall of the above 602, and took the Defendant’s 1st floor of the above 602, and tried to arrest the Defendant as a flagrant offender under the Defendant’s wife’s wife’s suspicion of assault; (c) pushed the victim by hand, booming the victim’s face by drinking, booming the victim’s finger, and plicking the victim’s finger; and (d) booming the victim’s finger.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of 112 Reports, and at the same time, the Defendant laid the inside and outside of the face to require medical treatment for approximately two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 40 and 50 of the Criminal Act for the ordinary concurrences and the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) of the provisional payment order is highly responsible in that the defendant inflicted an injury upon the police officer who lawfully executes official duties.

On the other hand, the fact of crime is recognized and wrong.

A written application for a brupt response has been submitted so that they can lead a smooth family life from wife.

In addition, it is also recognized that there is no history of criminal punishment.

In full view of the aforementioned circumstances and the Defendant’s age, character and conduct, environment, family relationship, health status, motive and consequence of the crime, circumstances after the crime, etc., and the conditions for sentencing as shown in the instant pleadings, the Defendant shall be punished by a fine.