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(영문) 청주지방법원 2015.05.28 2015고단77
상해등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 21:20 on November 28, 2014, the Defendant was punished for dispute over B due to the payment of charges in front of the 138 driver taxi in front of the Haak-gu Public Security Center at the rate of 138, the Defendant was asked the victim D (the age of 45) who is the circumstances where the Cheongak-gu Police Center C district, called the 112 reported and dispatched, and the Defendant was asked about the circumstances of the instant case. The Defendant called “this Chewing, dead, and dead.” The Defendant sent the victim. The Defendant saw that the victim was able to walk the part of the bridge on one occasion and walk the victim’s chest part once.

As a result, the defendant interfered with the legitimate execution of duties of police officers, and at the same time, the victim was in need of approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared in D;

1. Each report on investigation;

1. Application of Acts and subordinate statutes of a commission;

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. As the Defendant’s assault against a police official who is performing legitimate duties in the sentencing reason of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is considerably serious, the victimized police official not only suffered bodily injury but also the Defendant’s attitude immediately after the crime was committed.

The defendant may also be punished by a fine for an act of violence three times.

However, various sentencing conditions such as the defendant's age, character and behavior, occupation, career, family relationship, status of property, health status, etc. are added to the fact that the defendant's mistake is seriously against the defendant, there is no previous conviction exceeding the fine, the fact that 50,000 won is deposited for the victimized police officers, the degree of injury of victimized police officers is relatively minor.

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