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(영문) 부산지방법원 2014.10.01 2014고단5020

상해등

Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. At around 01:30 on June 5, 2014, the Defendant, on the ground that the victim F, a police officer belonging to the E District Party, called the victim, who was called up after receiving a report of 112 that the Defendant avoided the disturbance, was in front of the Darart located in the Busan Sho-gu, Busan, and the victim F, who was a police officer belonging to the E District Unit, was prevented himself/herself, was sexually insulting the victim by openly insulting the victim on the part of the reporter G.

2. The obstruction of performance of official duties, the Defendant: (a) at the above date, time, and place of injury, the victim: (b) stated that the F (30) was to arrest the victim as a flagrant offender; (c) stated that the victim’s face was “the victim,” and (d) took part in the elbow, thereby obstructing the police officer’s legitimate performance of duties regarding the 112 Report, and at the same time interfering with the victim’s legitimate performance of duties; and (b) on the part of the victim in need of two weeks of medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and H;

1. Application of the legislation in its opinion;

1. Article 311 of the Criminal Act, Article 136 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act concerning the crime;

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

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was that the Defendant was sentenced on May 1, 2012 by the Busan District Court to a violation of the Game Industry Promotion Act, and on February 2, 2013, the Defendant committed the instant crime during the period of repeated crime after the completion of the sentence in the Busan Correctional Institution, and the injury was not recovered.

However, the degree of injury is not relatively more severe, and it is an contingent crime committed with drinking, and there was no other problem except this case after the completion of the above sentence.

As above, the circumstances, means, and results of the instant crime;