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(영문) 부산지방법원 서부지원 2019.09.19 2019고단306
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 November 24, 2018, the Defendant: (a) around 00:30 on November 24, 2018, the victim D (the age of 48) (the age of trigrams) who was passed around the crosswalk in front of the building B (trigrams and trigrams and trigrams) was set up, and (b) the victim who was seated on the top of the above car operation level was able to get the window, and was able to bring the face of the victim three times in drinking without any justifiable reason after asking the reason for the car operation.

As a result, the Defendant inflicted injury on the victim, who does not have two or more open inner organs in need of treatment for about two weeks.

2. Performance of official duties;

A. On November 24, 2018, at around 00:35, the Defendant: (a) 112 reported and sent on the ground of 1.1. in front of the building B (Clocks in the trigramal Lawdong) in front of the Busan Sinology Police Station E zone affiliated with the Busan Sinan Police Station E zone and the slope G were to arrest the Defendant as a flagrant offender in the crime of assault; (b) the face of the slope G that prevents the Defendant from arresting the Defendant at one time in his/her hand, and obstructed the police officer’s legitimate performance of duties concerning the arrest of flagrant offender.

B. On November 24, 2018, the Defendant: (a) was arrested as a flagrant offender and moved to the lower seat of the patrol seat of the E District No. H, and obstructed the Defendant’s legitimate performance of duties concerning the taking-over of a flagrant offender by the said police officer as soon as he/she shouldered the back seat of the police officer I boarding the lower seat to prevent the Defendant’s self-injury.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to D, G, and I;

1. A written arrest of a flagrant offender;

1. Each investigation report (Submission of a medical certificate of injury, and attachment of patrol boxes and video materials);

1. Application of Acts and subordinate statutes to each investigation report (Evidence List 6,7);

1. Relevant Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act (the point of injury and the choice of fines) concerning the crime, and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties

1. Of concurrent crimes, the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act shall apply to concurrent crimes;

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