beta
(영문) 춘천지방법원 원주지원 2017.02.14 2016고단1254

상해등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On December 14, 2016, at around 20:40, the Defendant damaged the above entrance by installing several entrance doors of the Defendant, which are the victim’s possession, in the “D” No. 1 room operated by the victim C, which was operated by the victim C, and on the ground that the victim C does not have the mind of singing in the middle of drinking with two persons, while drinking alcohol, the Defendant damaged the said entrance to bring about approximately KRW 3.50,00 for repair costs.

2. On December 14, 2016, around 20:55, the Defendant: (a) around 20:5, at the place indicated in the foregoing paragraph 1; (b) the victim F, a police officer belonging to the Kunju Police Station E District, who was called upon 112, demanded the Defendant to present identification cards; (c) the victim’s face on the hand floor while taking a bath, and (d) the victim f, who was a policeman belonging to the Kunju Police Station E District, who was called upon 112, was on the other side of the victim, such as the victim’s breast, breast part, kne, and knee, who was in need of approximately two weeks of treatment.

As a result, the Defendant interfered with police officers' prevention and investigation of crimes, and legitimate execution of duties concerning the handling of 112 reported cases, and inflicted bodily injury on the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to F and C;

1. Reporting on the arrest of a case;

1. Investigation report (Investigation into telephone conversations between the victim and his/her own party);

1. Written estimate;

1. A medical certificate;

1. Application of statutes on site and victim photographs;

1. Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 366 of the Criminal Act concerning facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, is under the influence of alcohol, and the Defendant, at the victim C’s store, was faced with the entrance, and was charged with an injury by the police officer called out upon receiving a report.