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(영문) 의정부지방법원 2016.11.24 2016고단3970
상해등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. Around 01:10 on August 19, 2016, the Defendant suffered injury to the victim’s face, i.e., satise damage, satise, satise, etc., requiring treatment for about 14 days by three times when he/she went home from a taxi operated by the victim D (59 years of age).

2. On August 19, 2016, at around 01:30 on August 19, 2016, the Defendant: (a) committed assault to the Defendant when G, who was dispatched after receiving a report from 112 at the place of Paragraph (1) and demanded to present an identification card; (b) the Defendant used the front part of the police officer’s blue and blue part of the police officer’s blue; (c) the Defendant blue the back part of the police officer’s blue.

As a result, the defendant interfered with the legitimate execution of duties of police officers in regard to 112 reports.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Criminal report and investigation report;

1. On-site photographs and side photographs of violence;

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

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Selection of each alternative fine for punishment;

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

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order is not sufficient in that it inflicts an injury on an article with no reason for sentencing.

In addition, since the crime of obstruction of performance of official duties is a crime that undermines the function of the state by nullifying the legitimate exercise of public authority, it is necessary to strictly punish it to establish national legal order and eradicate the light of public authority.

However, the defendant confessions the crime of this case and repents his mistake, the defendant seems to have committed each of the crimes of this case by drinking, and criminal punishment exceeding a fine.

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