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(영문) 대구지방법원 2017.11.29 2017고단5482
상해등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 22, 2017, at around 03:54, the Defendant: (a) destroyed a remote area with a computer monitor operated by the victim C in Busan Metropolitan City, without any justifiable reason, under the influence of alcohol by the victim C; (b) destroyed the remote area beyond the floor; and (c) entered the said 302 Moel to go beyond the coffee 302, and then damaged it.

Accordingly, the defendant damaged the property equivalent to KRW 800,000 at the market price owned by the victim.

2. The defendant who interfered with the performance of official duties and injured the defendant is arrested of the defendant as an offender in the crime of destroying property by the victim C, etc., who was dispatched to the scene after receiving a report from 112 that he/she is under the influence of alcohol in around 04:22 on the same day by the person under influence of alcohol in the above 302.

After notification, it was assaulted of the above victim C by taking away the left hand from the locker and the locker, and then cutting off the locker.

As a result, the defendant interfered with the legitimate performance of duties by the police officer on the handling of 112 reports, and at the same time, the above victim was inside and outside the left side which requires approximately two weeks medical treatment.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. C’s statement;

1. Application of Acts and subordinate statutes to a report on investigation (as to attaching a written diagnosis of a victim);

1. Article 136 (1), Article 257 (1), and Article 366 of the Criminal Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Obstruction of and Bodily Injury to the Execution of Official Duties);

1. Selection of each alternative fine for punishment;

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

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

1. The fact that there is no record of criminal punishment against the defendant for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order, the defendant's damage from the crime of this case is not so significant, the fact that there is an agreement with the victim of the crime of damage to property, and other reasons.

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