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(영문) 서울남부지방법원 2014.02.06 2013고단4203
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

On October 26, 2012, the Defendant was sentenced to imprisonment with prison labor for ten months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in Seoul Southern District Court on October 26, 2012, and is still under the grace period, which became final and conclusive on November 3, 2012.

Around 08:20 on November 17, 2013, the Defendant was arrested as a flagrant offender by a victim D (26 years of age) police officer, who is a police officer belonging to the Seoul Yeongdeungpo Police Station C District, who was called up after receiving a report of 112 on the ground that he abused B around 08:20 on November 17, 2013, and was arrested as a flagrant offender, the Defendant took a bath, thereby obstructing the police officer’s 112 reporting duties and arresting flagrant offenders, thereby obstructing the victim from performing his lawful duties, and at the same time, spambling the victim in need of medical treatment for about 10 days.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement related to D and B;

1. Photographs;

1. A medical certificate;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment, such as a copy of written judgment, and the period of suspended execution);

1. Articles 257 (1) and 136 (1) of the Criminal Act applicable to the relevant criminal facts;

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

1. Selection of an alternative fine (50,000 won for a victim, in consideration of the fact that the victim's degree of injury is insignificant)

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

1. The dismissal part of the prosecution under Article 334 (1) of the Criminal Procedure Act

1. Around 08:00 on November 17, 2013, the Defendant: (a) boarded a taxi operated by the victim B (the age of 57) in the vicinity of Yeongdeungpo-gu Seoul Metropolitan City, Yeongdeungpo-gu; (b) arrived at the front of the same E apartment 112 roads, the destination of which is the same, and (c) assault the victim by brubing the victim’s blaps by decing the victim’s blaps, and walking the victim’s breath by walking the blaps

2. The crime of assaulting the facts charged is an offense against the victim’s clear will (Article 260(3) of the Criminal Act). The victim is a victim.

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