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(영문) 서울북부지방법원 2020.01.15 2019고단2584
상해등
Text

A defendant shall be punished by imprisonment for not less than eight months and by a fine not exceeding 100,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

1. Any person who violates the Punishment of Minor Offenses Act shall be prohibited from engaging in a riotous or disorderly act by uttering or doing rough words or conducts, or from drinking alcohol in a riotous place where many people gather or frequent, such as a public hall, theater, restaurant, etc., or a train, motor vehicle, ship carrying many people, etc.;

Nevertheless, at around 22:10 on October 15, 2019, the Defendant committed an act of disturbing drinking, such as taking a breath around 30 minutes and taking a bath about 20 minutes, while drunkly, the Defendant took a breath in a breath road where the houses located in Gangnam-gu Seoul Metropolitan Government B are concentrated.

2. When obstruction of performance of official duties, injury, etc., the Defendant reported 112 as a fact of disturbing drinking at the date, time, at the place specified in paragraph (1) at the time, and at the place specified in paragraph (1), and was arrested of a flagrant offender from the victim D, a police officer affiliated with the Seoul Gangseo-gu Police Station C police box, who was called out, the Defendant obstructed the Defendant’s legitimate execution of duties regarding the handling of the reported case by a police officer, with the back of the victim’s face being cut back on one occasion by scambing the back of the victim, scambling the victim’s face one time, and

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. E statements;

1. Investigation report (Scamp image verification);

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

1. Relevant Article 257 (1) of the Criminal Act (the point of injury), Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties), and Article 3 (1) 20 (the point of disturbance of sound address) of the Punishment of Minor Offenses Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (a punishment against which the crimes of injury and obstruction of performance of official duties are heavier than the crimes of injury);

1. Selection of a fine for a violation of the Punishment of Minor Offenses Act, with respect to the punishment of selective injury;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

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