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(영문) 의정부지방법원 2013.10.04 2013고단2143
상해등
Text

Defendant

A shall be punished by imprisonment for six months, by a fine of 1,500,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. On July 3, 2013, around 01:34, the Defendant: (a) reported that he did not pay the fare while paying the fare in front of the D Apartment, which is a taxi engineer, at the front of the D Apartment at the Government-si; and (b) reported that he would return home; (c) he would be able to pay the fee, and (d) he would be able to take a bath to the victim’s left hand and bath with the hand saw; (d) he assaulted by balping the balth, thereby obstructing the police officer’s legitimate performance of duties; and (e) at the same time, he saw the left part and the front part of the falp which requires treatment for about two weeks.

2. Defendant B, at the above date, at the above time and place, tried to arrest the police officer G and H, who are the Defendant’s seat, as a flagrant offender of obstruction of the performance of official duties, and took a bath to the police officer, and assaulted the police officer with the lower police officer’s chest part of his chest with his hand, thereby obstructing the police officer’s legitimate performance of duties regarding arrest.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the interrogation of the Defendants by the prosecution

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

1. A victim's photograph;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 257(1) and 136(1) of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Act

1. Articles 40 and 50 of the Criminal Act for the commercial concurrence (defendant A);

1. Selection of imprisonment with prison labor for Defendant A, and selection of fine for Defendant B

1. The former part of Article 37, Article 38 (1) 2 and Article 50 of the Criminal Act among concurrent crimes (Defendant A);

1. Articles 70 and 69 (2) of the Criminal Act;

1. Suspension of execution (Defendant A) Article 62 (1) of the Criminal Act (see, e.g., the fact that the crime is committed, circumstances leading to the crime, and criminal records);

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