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(영문) 대전지방법원 2018.08.09 2017고단2590
상해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. On June 24, 2017, around 21:15, the injured Defendant demanded the victim to leave the victim’s speech at “D Singing room” operated by the victim C (53) located in Daejeon Jung-gu, Daejeon, Daejeon, but, as the victim refused to do so, the victim expressed the victim’s desire to “Ssinginging A,” and used the victim’s neck for approximately 2 to 3 minutes by assaulting the victim’s neck with his hand, leading the victim to the direction of the wall, etc., leading the victim to a dic coordinate of approximately 14 days in need of treatment for about 14 days.

2. On June 24, 2017, around 21:39, the Defendant: (a) brought an injury or interfere with the performance of official duties on the road near the singing room as indicated in paragraph (1); (b) brought an assault to the victim who was requested to present an identification card from the border F (30 years of age) belonging to the Daejeon Police Station E branch of the Police Station in Daejeon, who was called by the Defendant upon receipt of a report from 112 to the effect that the Defendant avoided the disturbance as described in paragraph (1) and was called out to the victim, who was requested to present an identification card from the border F (30 years of age) of the Daejeon Police Station E branch of the Republic of Korea; (c) brought the victim’s chest head on several occasions by hand; and (d) when the victim G (25 years of age) who was a policeman belonging to the same global group was the Defendant, who was asked the victim’s left part of the body of the victim.

As a result, the Defendant interfered with the legitimate execution of duties in relation to the investigation of police officials F's criminal investigation, imposed the victim G with the shoulder and arms requiring medical treatment for about 14 days, and interfered with the legitimate execution of duties in relation to police officials' criminal investigation.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to F and G;

1. A written statement of C and H;

1. A damaged photograph;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

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

1. Trade concurrence (limited to the crimes of interference with the execution of official duties to F or G, and the crimes of injury to G), Articles 40 and 50 of the Criminal Act (limited to the punishment prescribed for the crimes of most serious injury);

1. Selection of each alternative fine for punishment;

1. Aggravation concurrent crimes;

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