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(영문) 대구지방법원 김천지원 2017.01.10 2016고정624
상해등
Text

Defendant shall be punished by a fine of KRW 1,200,00.

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

Reasons

Punishment of the crime

1. 업무 방해 피고인은 2016. 11. 7. 02:00 경부터 같은 날 02:06 경까지 김천시 C에 있는 D 병원 응급실 내의 치료실에서 술에 취해 아무런 이유 없이 치료를 하는 D 병원 응급실 의사인 피해자 E과 피해자 F에게 " 씨 발 놈들 아, 개쌔끼야, 꺼져 "라고 욕설을 하면서 주먹으로 피해자 E의 가슴을 약 5회 폭행하고 계속해서 주먹으로 피해자 F의 가슴을 약 3회 폭행하였다.

Accordingly, the defendant interfered with the physician's work for treatment for about 10 minutes.

2. The injured Defendant, by assaulting the victims as described in paragraph 1 at the same time and place as described in paragraph 1, brought an injury to the victim E and the victim F, resulting in a scarcity of a scarcity that requires treatment for a period of 14 days each.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written statement of F and G;

1. Application of the Acts and subordinate statutes to police investigation reports (such as the victim's use of his/her body photographic photo, the CCTV establishment of a DNA hospital, the closure of the CCTV establishment, the closure of the nurse photograph, the attachment to the front, and the attachment to a written injury examination);

1. Relevant provisions of the Criminal Act, Article 314(1) of the Criminal Act (the point of interference with business), Article 257(1) of the Criminal Act (the point of harm), and the choice of fines, respectively, for the crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act takes into account the circumstances favorable to the Defendant, such as the fact that the Defendant agreed with the victim E, in light of the circumstances favorable to the Defendant, and the punishment more mitigated than the summary order by comprehensively taking into account all other circumstances, such as the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

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