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(영문) 대구지방법원 2013.09.11 2013고정63
상해등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

At around 19:00 on November 1, 2012, the Defendant: (a) took a behavior that the Defendant was able to take out of the patrol unit to take care of the said patrol unit in order for the said police unit to perform the external patrol service; (b) took an action that the Defendant was able to take out of the patrol unit to take care of the said police unit; (c) took a slopeF (40 years old) belonging to the same patrol unit that is the victim in front of the said police unit; and (d) took an action that the Defendant was able to assault the said slope E by drinking; and (e) took a slope F (40 years old) from the Gyeong G to the said patrol unit that is the victim in front of the said police unit; and (e) took care of the Defendant’s above action, the KON of the said F on his hand knene, and (e) took time the back part of the said G with knene.

As a result, the Defendant interfered with the police officers’ legitimate performance of their duties concerning the maintenance of order in the earth and the external patrol service, and at the same time, the Defendant placed the verteum, tensions, etc. of the bones of trees requiring approximately three weeks medical treatment.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, F and G;

1. A protocol of partial police interrogation of the accused;

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

1. Application of Acts and subordinate statutes of a medical certificate;

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

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The defendant and his defense counsel regarding the assertion of the defendant and his defense counsel under Article 334(1) of the Criminal Procedure Act are subject to so-called illegal arrest without notifying so-called the so-called "non-so-called" principle, such as not only the defendant was unilaterally abused from the police officers, but also the summary of the crime at the time of arrest, the reasons for arrest, and giving them an opportunity to defend themselves. Thus, the act of assault and bodily injury to the police officers by refusing illegal arrest does not meet the elements of the crime of obstruction of performance of official duties, and the injury to the F is a self-defense and thus, the

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