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(영문) 서울중앙지방법원 2017.03.30 2017고단1027

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

On January 24, 2017, at around 00:57, the Defendant was under the influence of alcohol in front of the main station located in Gangnam-gu Seoul East Tridong, and was dispatched to the site by the victim C (33 tax) who is the police officer belonging to the Seoul Suwon Police Station B, who was dispatched to the site after receiving a 112 report, and without any special reason, sent back home from the victim, who without any justifiable reason, “I am the subject of the police officer?”

In doing so, the above police officers committed assault on one occasion at the bottom of the luminous bones of the above police officers, who were damaged by drinking by drinking, and the victim took approximately two weeks of medical treatment. In addition, the victim was boomed on the part of the internal body in need of medical treatment.

Accordingly, the Defendant interfered with legitimate execution of duties concerning the maintenance of order and the prevention of crime, and at the same time, inflicted an injury on the police officer.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Each written statement of D and E;

1. Investigation report (No. 1 No. Serial of the evidence list);

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

1. In cases of injury to relevant legal provisions on criminal facts: Article 257 (1) of the Criminal Act that interferes with the performance of official duties: Article 136 (1) of the Criminal Act;

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

1. Selection of an alternative fine for punishment;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act requires strict punishment in consideration of the fact that the accused has been punished several times for the same kind of crime, and that there is a need for strict punishment in relation to a crime that justifiedly implements the law. However, the confession of the crime shows an attitude of misunderstanding in the course of committing a crime, other than fines, and that there is no past record of having been sentenced to heavier punishment in addition to fines, etc. shall be determined by taking into account the two factors.