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(영문) 의정부지방법원 2019.07.11 2019고단134
상해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

1. At around 10:50 on July 19, 2018, the Defendant: (a) took a bath to the injured party B (year 32) who was sitting in the event at the 105-37 Yando-Eup, Namyang-do-si, Yando-si, without any justifiable reason; and (b) took a bath to the injured party B (year 32) who was sitting in the event of drinking, the face part of the injured party and the part of the arms can be sold to the injured party for about 14 days, the Defendant sawd the injured party on the left-hand shoulder, etc.

2. On July 19, 2018, around 11:05, the Defendant: (a) sent to the police station at the place specified in paragraph (1); (b) around 11:12 reported on the crime specified in paragraph (1); and (c) took a bath to identify the circumstances of the instant case, the Defendant obstructed the police officer’s legitimate performance of duties concerning the handling of the reported case by assaulting the 112 report by booming D of the Namyang Police Station at “spack, governance, spacks, bits, and bit of bitch.”

Summary of Evidence

1. Defendant's legal statement;

1. Each written statement prepared B and E;

1. Statement made to D by the police;

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

1. Relevant Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and Article 136(1) of the Criminal Act, the choice of each fine for the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 3, and 50 of the Criminal Act (aggravated Punishment for Crimes of Bodily Injury) shall be applicable;

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

1. The crime of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act is committed on the ground of the sentencing of the defendant's provisional payment order: (a) the defendant saw the victim who does not have any awareness of satisfy without any justifiable reason, and (b) took a bath to the police officer who was reported and dispatched to the above case; (c) obstructed the police officer's performance of official duties by taking advantage of the police officer's satisfy, and (d) interfere with the police officer's satisfy by taking advantage of the circumstances, attitudes, etc. of the crime; (b) the damage was not recovered until now; and (c) the victim did not agree with it.

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