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(영문) 대구지방법원 2016.01.21 2015고단5637

상해등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

피고인은 2015. 9. 11. 23:16 경 대구시 북구 B에 있는 “C” 술집 앞 노상에서 일행과 뒤엉켜 싸우고 있어 112 신고를 받고 출동한 강북 경찰서 소속 경위인 피해자 D(53 세) 과 순경 E가 현장에서 싸움을 말리고 떼어놓은 후 사건 경위에 대하여 조사를 하자, 경찰관이 싸움을 말렸다며 시비를 걸며 갑자기 달려들어 위 피해자 D의 좌측 팔 부위를 이빨로 물고, " 야 씨 발 놈 아 니가 경찰관이면 다 야!! 다 죽이 뿐다.

"Along with sound and continuous failure, the police officer interfered with the legitimate execution of duties concerning the dispatch and processing of the 112 report report by the police officer, and at the same time D' who is in need of approximately two weeks of medical treatment to the injured party D, he/she was on the left-hand part of the complete cryp and the inspection.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The F District Office's work site and photograph;

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

1. Article 136 (1) and Article 30 of the Criminal Act concerning the facts constituting an offense (the point of obstructing the performance of official duties) and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishments imposed on the crimes of serious injury);

1. Selection of an alternative fine for punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act with the detention in the workhouses are as follows: (a) the Defendant used violence to obstruct the performance of duties of police officers and inflicted bodily injury on the Defendant; (b) on the other hand, the degree of injury by the victimized police officers is not limited; (c) the Defendant submitted a written application to the purport that the victimized police officers want to take the Defendant’s preference against the Defendant; (d) the Defendant committed the instant crime while being committed the instant crime, and there is no criminal history as the young age of 19 years old; and (e) the Defendant’s character, character, environment, motive or background of the crime, means and consequence of the crime; and (e) the circumstances after the crime, etc., the sentence is determined as ordered in consideration of the overall