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(영문) 대전지방법원 홍성지원 2020.05.18 2020고단167
상해등
Text

Defendant

A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 6 million.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. Defendant A

A. On November 28, 2019, the injured Defendant: (a) around 18:36, 2019, at “E” restaurant operated by the victim D (Woo, 58 years of age); (b) while having been suffering from disturbance, such as having been at the time when he or she was scambling with the driver B, he or she was scambling with the victim who was scambling; and (c) upon the victim’s resistance, he or she inflicted an injury on the victim, by scambling the victim’s hair and scambling the victim’s head, scam, and tension, etc., for about two weeks of treatment.

B. The Defendant, who interfered with the business, committed a dispute with B, which was in the same time and place as above, and obstructed the victim’s restaurant business by force by avoiding disturbance for about 13 minutes, such as bucking with the victim D, leaving the victim D who prevented him/her, and taking a large amount of desire to put him/her in the restaurant.

2. On November 28, 2019, at around 19:05, Defendant B: (a) arrested the said Category A as a flagrant offender with interference with the performance of his duties, and attempted to take the said G’s body on his hand while taking a bath, obstructed it by breaking the body of the said Category; and (b) interfered with it by breaking the arms of the said G; and (c) interfered with it by drinking the chest of the said Category.

Accordingly, the Defendant interfered with the legitimate execution of duties concerning the handling of the 112 reported case by police officers and the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning D and G;

1. Written statements of J and K;

1. All on-site photographs;

1. A photograph of each CCTV recording after the closure thereof;

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

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 257(1) of the Criminal Act (the point of injury), Article 314(1) of the Criminal Act (the point of interference with business), the selection of each fine

B. Defendant B: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and Article 1.1.

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