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(영문) 대구지방법원 2016.03.11 2016고단413
상해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On October 28, 2015, the Defendant: (a) 02:30, around 02:30, and around 02:30, the Defendant: (b) was drunk at the “C” head office located in the Mag-gun B “C”; (c) was deprived of the victim’s face, who was drinking in other tables, and was under the influence of drinking in other tables, and (d) was deprived of the victim’s face face for about one week; and (e) was spambling the victim in need of approximately one week medical treatment.

2. The Defendant interfered with the performance of official duties, on the same date and time as indicated in paragraph (1), and at the same place as indicated in paragraph (1), assaulted the police officer’s legitimate execution of duties regarding the dispatch of report, by assaulting the police officer’s 112 facing the background F of the Maldong Police Station E zone, who was called out after receiving 112 report that female guests scam a scam, and was aware of the circumstances of the case.

Summary of Evidence

1. Statement of the police suspect interrogation protocol against the accused;

1. Statement in each police statement made to D or F;

1. Application of respective descriptions in internal investigation reports (on-site conditions, etc.), photographs, written statements, and written diagnosis of injury or video-related Acts and subordinate statutes;

1. Relevant Article 136 of the Criminal Act, Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (the point of harm), and the selection of fines for the crime;

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. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which resulted in the Defendant’s injury to the victim D without any special reason, committed assault against the police officer F who called out after receiving a report, thereby obstructing the performance of official duties. However, it appears that the degree of injury the Defendant inflicted on the victim D is not serious. The degree of injury the Defendant agreed with the victim D, the degree of the Defendant’s assault inflicted on the police officer seems not serious, and the degree of the Defendant’s assault inflicted on the police officer is likely to be serious. The Defendant did not have been subject to criminal punishment for the last ten years, such as the Defendant’s age, sexual conduct, and circumstances after the crime.

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