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(영문) 창원지방법원 2017.07.12 2017고단857

상해등

Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Criminal facts

On February 15, 2017, the Defendant: (a) around 01:15 on February 15, 2017, 01: (b) at the D cafeteria located in the Gu, the Defendant was flicking a man and boomed; (c) the Defendant, upon receiving a report, recommended the Defendant to pay the drinking value to the Defendant and return home; and (d) on the ground that the Defendant was bad; (c) the Defendant f was flicked by brain water;

In addition, it is growing up to the end of the report.

” 등의 욕설을 하면서 주먹으로 피해자의 왼쪽 옆구리 부위를 1회 때리고, 손톱으로 좌측 얼굴 부위를 할퀴어 피가 나게 하고, 재차 발로 복부를 1회 찼다.

As a result, the defendant interfered with legitimate execution of duties concerning the prevention and suppression of crimes by the victim who is a police officer and the maintenance of public peace and order, and at the same time, the victim went around the left-hand side, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F, G, and H;

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

1. Article 136(1) of the Criminal Act applicable to 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 for the ordinary concurrences and the choice of punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are favorable to the Defendant, include the following: (a) the Defendant’s mistake was pened in depth; and (b) there are some circumstances to consider the motive and circumstance leading to the instant crime.

On the other hand, since the obstruction of the performance of official duties not only interferes with the function of the state's legal order by nullifying the legitimate exercise of public authority, but also is related to the excessive restriction of the general public's safety, there is a need for strict punishment corresponding thereto, and the defendant has been punished by the obstruction of the performance of official duties even before.

Other means and results of the instant crime, records, such as the circumstances after the instant crime, age, sexual conduct, intelligence and environment, and criminal records.