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(영문) 전주지방법원 2020.12.09 2020고단421

상해

Text

[Defendant A] The defendant shall be punished by a fine of one million won.

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

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2019. 11. 25. 02:20경 전북 전주시 완산구 C에 있는 D 내에서, 위 식당 손님인 피해자 E(남, 38세)이 자신을 쳐다보았다는 이유로 피해자에게 ‘뭘꼬라봐 이새끼야’라고 욕설을 하고, 이에 피해자자 항의하자 손으로 피해자의 왼쪽 뺨을 1회 때리고, 이후 피해자가 경찰에 신고하였다는 이유로 발로 피해자의 가슴 부위를 1회 차 피해자를 바닥에 넘어뜨렸다.

As a result, the Defendant inflicted an injury on the victim, such as salt, tensions, etc. in need of treatment for about two weeks.

2. Defendant B inflicted an injury on E at the date, time, and place described in paragraph (1), as seen above, and the Defendant arrested Defendant A as a flagrant offender and arrested Defendant B as a slope G, a slope G belonging to the Fream Zone of the Jeonnan Police Station of the Jeonnan National Police Station, which was called upon 112 report, and obstructed police officers’ legitimate duties in relation to the suppression of crime, because he was pushedping the said G, carried the left arms of G, and was not subject to tax imposition and exemption.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement of E and G;

1. Application of Acts and subordinate statutes to internal investigation reports, investigation reports, and medical certificates of injury;

1. Relevant Article of the Criminal Act and Article 257 (1) (Selection of Fine) of the Criminal Act: Article 136 (1) of the Criminal Act (Selection of Imprisonment);

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant A who ordered provisional payment: The reason for sentencing under Article 334(1) of the Criminal Procedure Act / [Defendant A] is recognized as the Defendant’s crime, the fact that the Defendant agreed with the victim, and all other factors of sentencing, including the Defendant’s age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., as stated in the records and arguments of this case.

[Defendant B] The defendant interfered with the legitimate execution of duties by police officers, and the crime is not less severe.