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(영문) 서울동부지방법원 2019.01.23 2018고단3120
상해등
Text

Defendant shall be punished by a fine not exceeding ten million won.

When a defendant fails to pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

1. Injury;

A. On August 24, 2018, the Defendant: (a) around 19:40 on August 24, 2018, on the ground that the victim D(39 years of age) who is an employee of Seongdong-gu Seoul Metropolitan Government “C” said that the drinking value would be calculated; (b) took one time a part of the victim’s face with his left hand; and (c) took one time a part of the victim’s face with his/her finger hand, the Defendant placed the victim on the right side, which requires treatment for about 14 days, on the part of the victim.

B. The Defendant, at the above date and place, sustained injury to the victim E (V, 63 years old) by having the victim face part of the victim’s face one time from the right part of the victim’s face, on the ground that the victim E (V, 63 years old), who operates the frequency collection, prevented the Defendant’s behavior, and continued to go beyond the victim’s face by drinking outside the above restaurant at one time, resulting in approximately 14 days on the left part of the victim in need of treatment.

2. The Defendant: (a) reported at the time and place of the obstruction of performance of official duties, and notified the Defendant that he would arrest the Defendant as a flagrant offender after having been called up, and subsequently, assaulted the Defendant at one time by threatening him as his hand on the ground that he attempted to arrest the Defendant as a flagrant offender; and (b) assaulted him at one time on the part of his flag, as he would be moving up to the patrol vehicle.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reported duties.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of D, E, and G;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Each penal provision of Articles 257 (1) and 136 (1) of the Criminal Act.

1. The former part of Article 37 of the Criminal Act and Article 38 (1) 2 of the Criminal Act among concurrent crimes;

1. Selection of a fine in consideration of the degree of injury to the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, the degree of injury to the injured party, and the fact that the injured party agreed with the injured party, but the amount shall be determined by taking into account the circumstances of sentencing,

Although the defense counsel asserts that he was in a state of mental disorder due to obstination, it is not recognized in light of the attitude of acts recognized by the statements of victims.

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