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(영문) 울산지방법원 2014.02.20 2014고단101
상해등
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was sentenced to one year and six months of imprisonment with prison labor for special obstruction of performance of official duties, etc. at the Ulsan District Court on January 18, 2013, and three years of suspended execution, which became final and conclusive on January 26, 2013, and is currently under suspended execution.

【Criminal Facts】

On January 14, 2014, at around 22:50, the Defendant 22:50, was under the influence of alcohol in the “ Parisba”, which was located on the East East-gu Coast, 32, the East-gu Coast, and was urged to return home from the victim D by the police officer affiliated with the Ulsan East-dong Police Station C police box dispatched to the site after receiving 112 reports.

At this time, the Defendant, in his own other words, set aside a vehicle into the vehicle, and carried out a dangerous act, such as gambling his head on the wall, and flaged from the above police officer, thereby passing away from the above police officer. Before the towing, the Defendant called “I want to kill. I want to die.” The Defendant sent a part of the victim’s face one time.

As a result, the Defendant interfered with the maintenance of police officers' order and legitimate performance of duties related to 112 reported duties, and at the same time, the Defendant inflicted an influent injury upon the victim for about three weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of police statement of D or E;

1. A report on investigation (investigation on the attachment of a written request for cooperation in investigation), a written request for cooperation in investigation;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

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

1. Although it is also possible to sentence the Defendant to commit the instant crime during the period of suspension of the same kind of punishment for sentencing under Articles 40 and 50 of the Commercial Code, considering the fact that the Defendant committed the instant crime by drinking under the influence of alcohol, his depth is against the Defendant, his inside and outside of the court is sufficiently leading the Defendant, and the Defendant is going to undergo mental treatment in the future.

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