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(영문) 의정부지방법원 2013.09.10 2013고단1314
상해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

Defendant,

1. On April 26, 2013, at around 16:55, the victim D (year 35) in the Gyeonggi-gu Gam-si, the victim’s back head head was drinking around 2-3 times by drinking at Enonocom, and the victim’s back head was cleeped about three times by hand at the victim’s hand, and the victim’s bucks, buckbucks and clothes, and tacks and tacks that require treatment for about 14 days on the part of the victim who walked with tacks.

2. The police officer interfered with the legitimate execution of duties by assaulting the Defendant at a time and at the same time and at the same place as above, while checking the details of the report, etc. by G, who was called out after receiving the said D’s report, the Defendant exceeded G’s safety awareness, and assaulted G’s back water on the back of the back of G with his hand at approximately one time. The police officer, who was assigned the head of the same police box, committed assault at approximately one time to the right end of H by selling approximately approximately KRW 1 to the police officer at the same time and at the same time and at the same time and at the same place as above.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Each police statement made to D, G, and H;

1. A written diagnosis of injury;

1. Application of Acts and subordinate statutes of an investigation report;

1. In a case where multiple public officials who perform the same duties as prescribed in Articles 257(1) and 136(1) of the Criminal Act concerning criminal facts are obstructed by the performance of official duties of various public officials (the point of injury), the number of crimes is an ordinary concurrent relation (see, e.g., Supreme Court Decision 2009Do3505, Jun. 25, 2009).

1. Selection of each alternative fine for punishment;

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

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

1. In light of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order causes violence to the victim D without any justifiable reason, and causes violence to the police officers who called out for the execution of legitimate duties, which has been punished twice due to the crime of violence, etc.

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