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(영문) 부산지방법원 2015.08.27 2015고단2410

상해등

Text

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

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

Reasons

Punishment of the crime

1. On January 15, 2015, from around 06:30 to around 06:40, the Defendant obstructed the victim’s convenience store business by carrying out a vision on the ground that he was under the influence of alcohol at the D convenience store located in Busan Northern-gu, and the Defendant, an employee of the above convenience store, was not directly engaged in the Defendant’s physical card presented by the Defendant, on the ground that he was not directly engaged in the Defendant. The Defendant obstructed the victim’s convenience store business by carrying out the Defendant’s vision, such as “Isl and Chewing years,” “Isl and Chewing years,” and neglecting the above convenience store business by force, such as: (a) the Defendant was under the influence of preventing other customers from calculating the above convenience store; and (b) the victim’s convenience store business.

2. The obstruction of performance of official duties and the Defendant: (a) requested the victim G (the 32-year old age), etc., who was a policeman belonging to the Busan Northern Police Station Fdistrict, the Busan Northern Police Station, who was dispatched to the scene after receiving a report on the date and time and place specified in paragraph (1), to leave the above convenience point; and (b) out of the laver, the victim took a bath while the laver was in excess of the laver, and the victim took a bath; and (c) the victim took a part of the laver by drinking left hand once.

As a result, the Defendant interfered with the legitimate execution of duties by police officers on the control of crimes, and at the same time, the Defendant inflicted an injury on the victim, such as a scarbing of a chest soldiers who need to be treated for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the victims and H;

1. Application of the law of injury diagnosis certificate and investigation report (No. 9).

1. Article 314 (1) of the Criminal Act applicable to the relevant criminal facts, Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the criminal facts;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties, the crimes of injury, and the punishment imposed on more severe injury);

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 sentencing of Articles 70(1) and 69(2) of the Criminal Act for the detention of a workhouse.