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(영문) 서울서부지방법원 2016.11.18 2015고단3172
상해등
Text

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

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

Reasons

Punishment of the crime

1. On October 12, 2015, the Defendant violated the Punishment of Minor Offenses Act: (a) at around 2:00 on October 12, 2015, the Defendant: (b) took a large voice that “on the ground of the loss of a mobile phone at the Seoul Western Police Station C police box located in Eunpyeong-gu Seoul, Seoul; (c) lost a mobile phone; (d) taken the civil petition room by hand; and (e) was able to receive instructions on the loss of a mobile phone from the slope D belonging to the said C police box; and (e) took a disturbance, such as being moored on the chest E of the said C police box, to which the said C police box belongs.

As a result, the Defendant was unable to avoid disturbance by very rough words and actions at government offices while drunk.

2. The obstruction of performance of official duties and the Defendant committed an assault by the victim D (the age of 38) who was a slope belonging to the Seoul Western Police Station C police box, while under the influence of alcohol at the government offices, at the time and place specified in paragraph (1). The victim D (the age of 38) committed an assault to the victim by strokeing the Defendant as a flagrant offender in violation of the Punishment of Minor Offenses Act.

As a result, the Defendant interfered with the legitimate execution of duties by police officers related to the prevention, suppression, and investigation of crimes, and at the same time, damaged the character of the wooden part that requires approximately two weeks medical treatment to the victim.

Summary of Evidence

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

1. Each police statement made to D and E;

1. A written statement;

1. Application of a statement of opinion, statutes governing victim photographs;

1. Relevant provisions of Article 3 (3) 1 of the Punishment of Minor Offenses Act (the point of cancellation of the order by the government office), Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties), and Article 257 (1) of the Criminal Act concerning the crime;

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

1. Selection of each alternative fine for punishment;

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

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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