(영문) 의정부지방법원 고양지원 2015.02.27 2014고단2926

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(영문) 의정부지방법원 고양지원 2015.02.27 2014고단2926

상해등

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

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

Reasons

Punishment of the crime

At around 22:50 on September 27, 2014, the Defendant reported 112 to the victim E (the age of 52) (a police officer) who was called out after receiving 112 reporting that the Defendant was assaulting his wife C in Goyang-gu B Yyang-gu, Goyangyang-gu, Goyangyang-si, and assaulted the victim as he was flabing with the victim’s flaps, and flab with drinking.

The Defendant, on the ground of obstruction of performance of official duties, attempted to arrest the Defendant as a flagrant offender, and caused the victim to pluckbucks at one time, and caused the victim’s bucks to go to the body of the victim, thereby breaking up the victim’s plucks.

As a result, the Defendant assaulted the victim to interfere with the police officer's 112 report processing and legitimate execution of duty related to the arrest of flagrant offender, and at the same time, inflicted injury on the victim, such as sub-speaks, sub-speaks, sub-speaks, etc.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A medical certificate;

1. Application of statutes on photographs of damage;

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 for punishment;

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

1. In addition to the characteristics of the crime of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence was determined by taking account of the following factors: (a) the need for strict punishment, such as inflicting bodily injury on the victim; (b) the defendant appears to not repeat the crime; (c) the defendant is seeking a letter while depositing part of the damage for the victim; (d) family members appeal the wife; and (e) the exemplary life without any power in the past.

It is so decided as per Disposition for the above reasons.

참조조문

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