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(영문) 의정부지방법원 2014.12.19 2014고단3738
상해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

At around 22:00 on September 20, 2014, the Defendant reported disturbance in front of the distance in Eup, 125-1, the head of the victim who was sent to Pyeongtaek Police Station after receiving the report by the victim C (the age 42) who was the circumstance where the police officer was in his/her service and did not respond to the report by assaulting B, etc.

As a result, the Defendant interfered with the legitimate execution of duties by police officers regarding the handling of reported cases, and at the same time, the Defendant puted on the victim “infections and scinarys” requiring approximately ten days of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Damage photographs;

1. Application of Acts and subordinate statutes to report on investigation (the submission of a written diagnosis of injury to C, etc.);

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 to impose a sentence ( although the case does not mean that the person inflicts an injury by assaulting a police officer who executes public duties, it shall be taken into account, such as the fact that the person recognizes the crime and reflects the crime, the fact that the person lives without force, in addition to the punishment imposed twice due to drinking driving in the past, support the wife and two children who are students, and deposit one million won for the victim);

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. On September 20, 2014, the Defendant: (a) on the street in front of the distance in Eup located in 125-1, a city in Pyeongtaek-gu, Young-gu, Gyeonggi-do, Pyeongtaek-si, the Defendant: (b) considered the victim B (year 45) under the influence of alcohol to take a taxi; and (c) placed the taxi in the taxi without any special reason.

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