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(영문) 전주지방법원 2016.07.15 2016고단608
상해등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On March 31, 2016, around 18:50 on March 31, 2016, the Defendant damaged the entrance of the victim’s possession so that the Defendant, in front of the first floor of the D care hospital operated by the victim C, the Seoul-gu Seoul-si, Seoul-si, the Defendant could walk the front section and the entrance to walk the elevator on the ground that the elevator does not work, thereby getting about KRW 100,000,000 of the repair cost.

2. The Defendant interfered with the performance of official duties and the victim’s injury, who was accompanied by the above spawn at the above time and place, was informed of the above spawn from the victim F ( South, 32 years old) who is a public official of the police officer belonging to the police station Embae Police Station, which was called out after receiving the report, and the Defendant was discharged from the Defendant F.

“In doing the bath, the victim’s face part is blue with the blue part, and the victim’s shoulder and breast part is tightly pushed with both hands, thereby obstructing police officers’ performance of duties in relation to the prevention, suppression, investigation, etc. of the crime, and at the same time obstructing the victim’s performance of duties, such as the victim’s blue part that requires approximately two weeks of treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. It is obvious that the “JJ” of G, H, and evidence list No. 3 is a clerical error in H.

F. Each police statement made to F. I

1. Each report on investigation;

1. Application of Acts and subordinate statutes to damaged parts, photographs and entrance photographs damaged;

1. Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, concerning facts constituting an offense;

2. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the crime of obstructing the performance of official duties and the crimes of injuring an injury, and the punishment imposed on the crimes of causing serious injury shall be imposed);

3. Selection of each alternative fine for punishment;

4. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act for the increase of concurrent crimes.

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

6. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order reflects his mistake while the defendant was attempting to commit the instant crime, and the defendant is the victim C.

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