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(영문) 대구지방법원 2016.09.08 2016고단2657
상해등
Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

1. On June 15, 2016, around 23:30 minutes, the injured Defendant was drinking alcohol in the Daegu Northern-gu C neighborhood, Daegu Northern-gu, the victim D (57 years of age) who was a substitute driver for the Defendant’s work, and the victim’s face with the hand floor without any justifiable reason while she is "plap," she was able to catch the victim’s left-hand ear, and sprinked the victim’s flap.

After 23:50 on the same day, the Defendant reported 112 to the victim, who dumpeded water to the F zone located in Daegu Northern-gu E on the same day.

As a result, the defendant put the victim a face-to-face 15-day medical treatment on the face-to-face cryprypry, diagnosis, etc.

2. 공무집행방해 피고인은 2016. 6. 15. 23:50경 대구 북구 E에 있는 위 F지구대에서 위 항과 같이 D의 뺨을 때리다가 F지구대 소속 순경 G로부터 제지당하자, "니들은 뭐꼬, 개새끼 씨발놈아, 경찰 새끼들, 내가 위에 이야기해서 다 죽인다"고 소리를 지르면서 G의 경찰제복 위에 붙어있던 야광조끼 견장을 손으로 잡아당겨 찢고, G의 멱살을 잡아당겨 경찰관의 범죄예방 및 질서유지에 대한 정당한 직무집행을 방해하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement concerning G and D;

1. A medical certificate;

1. Application of the photographic Acts and subordinate statutes;

1. Article 157 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the crime concerned;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that a defendant assaultss a victim who is a substitute driver and inflicts an injury on him/her, and assaults a police officer who restrains violence in the earth.

However, the representative driver D and police officer G wanting to take the defendant's wife, and the defendant three times as a crime of this kind.

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