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(영문) 부산지방법원 동부지원 2016.03.23 2016고단157
상해등
Text

A fine of three million won shall be imposed on a defendant.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

Under the influence of alcohol, the defendant has weak ability to discern things or make decisions.

1. Around 00:46 on February 16, 2016, the Defendant was unable to perform official duties, and the Defendant injured the Defendant: D bar located in Busan Shipping Daegu C, and the studal in the studio while being under the influence of alcohol, and was seated without the order for about 10 minutes without the order, and the Defendant did not comply with the employee’s recommendation to return home, and the police officer for whom the Defendant was reported and sent to the Busan Maritime Police Station Embs, and G requested the Defendant to return home on several occasions, without any reason, and without any reason, “I amse, embling, and embling, such as the police waste.”

“In doing so, assaulted a part of the face of F in drinking circumstances at one time.”

As a result, the Defendant interfered with the legitimate execution of duties concerning the handling of the reported case by FF, and at the same time put about two weeks of treatment on the left side of the Defendant.

2. The Defendant interfered with the duties of the Defendant, at the above date, at the above location, and at the above location, obstructed the business of H’s main place of business as the victim by force over about 30 minutes, such as cutting off the above employees with the above employees without leaving from the main place as above, and taking the above police officers, etc.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to I, F, and H;

1. Application of the legislation in its opinion;

1. Article 257 (1) of the Criminal Act (the point of harm), Article 314 (1) of the Criminal Act (the point of interference with business) and Article 136 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

1. Articles 10 (2) and 10 (1) and 55 (1) 6 of the Criminal Act (person with mental or physical weakness) of the Criminal Act mitigated by law;

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

1. The crime of this case for the reason of sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment is an injury upon the police officer, and interferes with the main business, and the nature of the crime is bad.

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