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(영문) 대구지방법원 2013.10.17 2013고단3705

상해등

Text

Defendant

A A shall be punished by a fine of KRW 3 million, and Defendant B shall be punished by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B are the same workplace rent.

1. Defendant A

A. On April 1, 2013, at around 22:50, the victim E (hereinafter “G”) in the cafeteria located in Daegu-gu, Daegu-gu, in the direction that the victim E (48 years of age) took a serious bath with H (46 years of age) one’s workplace, and deducted the cafeteria back to the floor.

For the foregoing reason, the Defendant got the victim's face from the floor of hand over several times, thereby causing the victim to have a hole on the left side of the treatment days.

나. 공무집행방해 피고인은 전항 기재 장소에서 위와 같은 범죄사실을 신고받고 현장에 출동한 I지구대 소속 경찰관인 피해자 D(43세)이 자신을 현행범으로 체포하려 한다는 이유로 화가 나 발로 그의 좌측 엄지손가락 부위를 1회, 배부위를 1회 찼다.

As a result, the defendant interfered with legitimate execution of duties concerning the arrest of flagrant offenders, and at the same time, the defendant put the victim into a pelpelf, a pelf, and a pelf, a pelf, and a pelf, a pelf.

2. Defendant B, at the date, time, and place indicated in the preceding paragraph, and on the ground that D (the age of 43) who is a police officer belonging to the I Zone B arrested Defendant A, a police officer of the I Zone B, as a flagrant offender, on the ground that he was arrested him as a flagrant offender, the Defendant obstructed the police officer’s legitimate performance of duties regarding the arrest of a flagrant offender, by assaulting Defendant B, such as: (a) 112 reporting mos; (b) she files a complaint with the upper authority; (c) she takes a bath

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D, E, and H;

1. Certificates of copies of medical records;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article applicable to criminal facts;

A. Defendant A: Article 257(1) of the Criminal Act (the point of each injury) and Article 136(1) of the Criminal Act (the point of obstructing performance of official duties)

B. Defendant B: Article 136(1) of the Criminal Act

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of each alternative fine for punishment;

1. Defendant A among concurrent crimes: