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(영문) 울산지방법원 2014.11.06 2014고단2436
상해등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 25, 2014, at around 23:00, the Defendant reported that there was a customer who franks without paying the drinking value among the foregoing drinking house customers, and received a report of 112 to the victim E (the age 26) employed by the Yangsan Police Station D District Unit of the Yangsan Police Station, called “the thirth, the young gue is to be prevented” and called “the victim E (the age 26) was to be prevented.”

As a result, the Defendant interfered with the legitimate execution of duties related to the 112 reporting processing of the victim, and at the same time, the victim's treatment period cannot be known.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of the E, F, and G;

1. Application of Acts and subordinate statutes to photographs and medical reports;

1. Article 136 (1) of the Criminal Act applicable to the relevant criminal facts and Article 257 (1) of the Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Punishment on which the punishment is heavier than that of an injury);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: (a) the Defendant, without any reason, committed an assault against a police officer in the course of performing his/her official duties; (b) however, the degree of the injury is relatively minor; (c) the Defendant agreed to do so with the victim; and (d) the Defendant is in profoundly against his/her mistake; and (c) there is no previous offense subject to punishment.

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