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(영문) 수원지방법원 성남지원 2017.04.21 2017고단498
상해
Text

Defendant

A A shall be punished by a fine of one million won, and Defendant B shall be punished by a fine of three million won.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On September 30, 2016, Defendant A around 03:45, at the time of Sung-nam City’s Macro, the Defendant placed the victim D (46 years of age) who was flicking to the Defendant at the front of the Mac-gu, Sungnam-si, Macro, where the victim’s chests were tightly pushed back one time by hand, the victim’s chests were tightly pushed back, and the face was taken to take part in drinking, etc., which requires treatment for a certain number of days.

2. Defendant B, at the time, at the time, and at the place specified in paragraph 1, the same person was arrested a flagrant offender from E at the police station affiliated with the Sungnam Police Station, due to criminal facts, such as Paragraph 1, and committed assault to E, such as cutting down a neck from a defect in resistance E, etc., thereby obstructing the police officer’s legitimate performance of duties concerning the arrest of a flagrant offender.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of D;

1. Statement protocol of the police for E (Interference with the execution of public duties);

1. A detailed statement of the case processing; and

1. Application of Acts and subordinate statutes to photographs damaged;

1. Relevant Article 257(1) of the Criminal Act (the point of injury) and Article 257(1) of the Criminal Act, Defendant B who choose a fine: Article 136(1) (the point of obstructing the performance of official duties) of the Criminal Act, and the choice of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of each Criminal Procedure Act of the order of provisional payment / [Defendant A] Taking account of unfavorable circumstances such as confession, reflection, agreement, absence of the same criminal records, minor injuries, etc. / [Defendant B]’s confession, reflection, and absence of the same criminal records, and the fact that the birth was arrested and the birth was involved in the same criminal records, etc. Upon the arrest of the birth, a fine is selected by taking into account the following factors: Provided, That the specific amount of fine is determined by taking into account the necessity of the crime of obstructing the performance of official duties, circumstances unfavorable to the majority of all different types of crimes (including one time the force of violent crime), etc., and taking into account the degree of the exercise of tangible force, etc.; and

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