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(영문) 대구지방법원 2016.07.21 2016고단2122

상해등

Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On April 23, 2016, the Defendant: (a) destroyed the victim D’s market price, which is at the entrance of the second floor of the 2nd floor, by breathing the 02:10 Daegu Suwon-gu, 204 at around 02:10, on his/her desire, 3 and 10 large complexes, which are the victim D owner of the second floor, without any reason, and 3 and 10 large complexes, on his/her hand.

2. Around 04:15 on the same day, the Defendant: (a) arrested a flagrant offender on the grounds of the damage of property, such as the description in paragraph (1) of the same day, and was arrested in a flagrant offender, and was subject to physical search at the detention room of the Daegu Water-Fighting Station; (b) junished the breath, and took the breath; (c) the victim slope E working in the above detention room was prevented; (d) the victim slope E was satched, and the victim was satisfed with the breath face, and the victim was satisfed with approximately two weeks of treatment.

Accordingly, the defendant interfered with legitimate execution of duties concerning the management of detention rooms by police officers, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to E and D;

1. Application of Acts and subordinate statutes to photographs, work logs, diagnostic notes, and photographs of upper parts;

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

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

1. Selection of a fine for choosing a punishment (including the fact that a defendant has agreed smoothly with a victim of damage to property and has no record of committing violence-related crimes);

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. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;