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(영문) 인천지방법원 2018.01.11 2017고단6780
상해등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment with labor by obstructing business operations at the Incheon District Court on July 7, 2017 and the judgment became final and conclusive on October 27, 2017.

[2] On July 20, 2017, the Defendant: (a) 301 Dong-dong, Incheonnam-dong, Incheonnam-dong, the 301-dong, which was a student of the said detention center, refused to follow the direction of the change of the living room for early use by the victim C (the 36-year old), and (b) the prisoner who was next to the order was able to take a bath for the defective prisoners, and (c) see the above C’s chest in order to see any defect in order to put him/her to a trial.

As a result, the defendant interfered with correctional officers' legitimate execution of their duties concerning confinement management, and at the same time, the defendant placed the part of the sale above the victim in need of medical treatment for about 14 days.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made with respect to C and D;

1. A working report and a medical certificate;

1. Previous convictions as indicated in the judgment: Application of a copy of the text of the judgment of the Incheon District Court, 1 copy of the inquiry into criminal history, investigation report (verification of the progress of a separate trial), 1 copy of the inquiry screen of the integrated case, and 1 copy of the judgment of the Incheon District Court, 2017No 2608, a copy of the judgment of the Incheon District Court;

1. Article 257 (1) of the Criminal Act (the point of injury) 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 each alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The crime of this case on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act is committed against a correctional officer in a detention house while being tried due to interference with duties, etc., and the nature and circumstances of the crime and the crime are not somewhat weak, and the crime was committed during the period of repeated crime, etc., under unfavorable circumstances, the victim C does not want the punishment against the defendant.

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