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(영문) 부산지방법원 서부지원 2018.09.12 2018고단1034
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

1. On April 8, 2018, around 21:25, the Defendant: (a) was demanded by the victim B (SP) who is a taxi driver to pay a taxi fee from the 47-gil-ro 234, Seocheon-ro, Seocheon-gu, Busan, Seocheon-ro, 234, in front of the apartment site; (b) the Defendant sustained approximately six times the victim’s buckbucks and the bucks. On the other hand, the Defendant continued to walk the victim’s left side and walked about 112 on about five occasions, and sustained the victim’s face on five occasions by walking the 112-day back side of the victim’s left side, which requires approximately two weeks medical treatment.

2. The Defendant interfered with the performance of official duties at the same date and time as indicated in paragraph (1), and at the same place as indicated in paragraph (1), and the circumstances leading up to the organization of the North Korean police station C District D who was called out after receiving a report of 112 separated the above B and the Defendant from the said party and collected the personal belongings on the floor of the case. The Defendant expressed his desire to ask for a presentation of identification card from the circumstances D while leaving the Defendant’s cell phone to the security guard D and faced with the left side.

Accordingly, the defendant interfered with legitimate execution of duties by police officers on criminal investigations.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made against D, B, and E;

1. Application of Acts and subordinate statutes to death diagnosis certificates and photographs (victim D's left side, etc.);

1. Relevant Article 257(1) of the Criminal Act, Article 257(1) of the Criminal Act (the point of injury), Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), and the selection of fines 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of the Criminal Procedure Act are as follows: (a) the Defendant recognized the instant crime and repented in depth; (b) agreed with the victim B of the instant bodily injury; (c) the degree of assault against the victimized police officer; (d) the Defendant did not have the same record for the last ten years; and (e) all the sentencing conditions during the process of the recording and transformation of the instant case are comprehensively considered and determined as ordered.

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