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(영문) 인천지방법원 2016.06.02 2016고단1989

상해등

Text

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

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

Reasons

Punishment of the crime

On January 12, 2016, the Defendant: (a) 06:00, around the Bupyeong-gu, Incheon, Bupyeong-gu, Incheon; (b) received a report and received a warning to return home from a police officer E, the circumstances belonging to the D District Unit of the Incheon Samsan Police Station D, which was called to the police officer, and (c) took drinking to the police officer, and (d) took two times the chest of the drinking e, and caused injury to the police officer in need of approximately two weeks of medical treatment.

Accordingly, the Defendant assaulted the above E and inflicted injury on F, thereby hindering police officers from performing their legitimate duties on the prevention of crimes and maintenance of order.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement concerning G and F;

1. Photographs of the scene of crime;

1. Bluice stuffs images;

1. 112 Application of Acts and subordinate statutes on reported details;

1. Article 257(1) of the Criminal Act applicable to the facts constituting an offense (the point of injury) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties);

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment ought to be strictly punished against the Defendant’s act of exercising force against the police officer who performed official duties, the fact that the Defendant is against his own crime, that the Defendant is an initial offender who has no criminal record, that is, the primary offender of the society that becomes adults, etc., shall be considered as favorable circumstances, and the Defendant’s age, sex behavior, intelligence and environment, motive, means, means, and result of the crime, etc. shall be comprehensively considered, and the punishment as set forth in the Disposition shall be determined as ordered by taking into account various sentencing conditions as shown in the instant argument, such as the circumstances after the crime.