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(영문) 광주지방법원 해남지원 2019.11.21 2019고단321
상해등
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On June 18, 2019, the Defendant: (a) around 13:30 on June 18, 2019, at the B office of the Jindo-gun, Jindo-gun, Jindo-do, 25, the head of the Jindo-do Office, where the Defendant provided counseling with the victim D (50 years of age) who was in charge of local administrative assistance, and civil service, the victim was not subject to his/her own request; (b) the victim took care of the public official’s dead administration; and (c) the victim took a bath for “the public official’s flag, flag,” and flag.

As a result, the Defendant interfered with the legitimate execution of duties related to the civil petition treatment of public officials, and at the same time, inflicted injury on the victim, such as external trauma infection for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Statement by the prosecution concerning D;

1. A medical certificate;

1. Application of Acts and subordinate statutes governing pocketbookss;

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

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

1. Selection of an alternative fine for punishment;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, inflicted an injury upon a public official who handles civil petition affairs at the same time.

The defendant's act needs to be strictly punished because it disregards public power and undermines the establishment of law and order.

However, it does not seem that the defendant is recognized to commit a crime, the degree of injury of the damaged public official is not significant, and the defendant has agreed with the damaged public official, there is no same criminal record, and only one criminal record has been punished once by a fine in 2004, and the defendant's age, character and behavior, environment, motive, means and result of the crime, and all of the sentencing conditions shown in the records and arguments, such as the circumstances after the crime, shall be determined as the order.

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