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(영문) 서울중앙지방법원 2019.01.25 2018고단3061
상해등
Text

A defendant shall be punished by imprisonment for six months and a fine for 600,000 won.

If the defendant does not pay the above fine, 100.

Reasons

Punishment of the crime

1. On February 14, 2018, around 04:20, the injured Defendant: (a) boarded the back-side of the C cab operated by the injured party B (the age of 62) while under the influence of alcohol at around 822-1, Gangnam-gu, Gangnam-gu, Seoul. On the ground that the injured party demanded a vehicle because the injured party was able to drive the vehicle by getting out of the frighting shift time and difficult to drive a long distance; (b) the injured Defendant, along with the hummatic theory, carried the victim’s head, neck, etc. so long as it is difficult for the injured party to take several steps, thereby inflicting injury on the injured party, such as light dump dump, which requires approximately two weeks of treatment.

2. 경범죄처벌법위반 피고인은 제1항과 같은 이유로 위 일시경 현행범인 체포되어 서울 강남구 D에 있는 강남경찰서 E지구대에 인치되자 이에 불만을 품고, 순경 F 등 근무 중인 경찰관들에게 큰 소리로 “뭘 쳐다봐 씨발놈아, 지랄병들 하고 있네, 이거 풀어봐 이 좆같은 새끼들, 병신 그지 같은 새끼들, 형 어차피 내일이면 풀을 건데, 오늘 빨리 좀 풀어줘요, 웃어 너 맞아 뒤진다 가만히 있어라” 등 욕설과 함께 바닥에 침을 뱉는 등 약 30분 동안 소란을 피웠다.

Accordingly, the defendant, while under the influence of alcohol, forced or scamed by very rough words and conducts at government offices.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. The police statement concerning B;

1. Investigation report (to make a telephone statement to F by the police officer visiting the police station);

1. Investigation report (the main cancellation photograph, etc. related to images and photographs);

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

1. Relevant Article 257 (1) of the Criminal Act (the point of injury, the choice of imprisonment), Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of issue for the cancellation of the government office, the selection of fines) concerning the crime;

1. Of concurrent crimes, the former part of Article 37 and Article 38 (1) 3 of the Criminal Act;

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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