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(영문) 수원지방법원 성남지원 2017.08.30 2017고단1408
상해등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

1. On May 9, 2017, at around 03:35, the injured Defendant, while drinking together with 'C' in Sungnam-si A' in front of the trade name of ‘C' and drinking together with her pro-friendly victim D, brought about the victim's face at the face at the time of drinking, and caused the victim to have the her satisfe, and caused the victim to have the satisfe the sat.

2. The Defendant interfered with the performance of official duties at around 03:40 on the same day and at the same place as the above 112 report, “F, a police officer belonging to the Sungnam Police Station E District, the Sungnam Police Station E-gu, Seongbuk, who was called on the site after receiving a 112 report, attempted to stop the Defendant, and thereby interfered with the Defendant’s legitimate performance of duties concerning the maintenance of the order of the police officers by putting his hand over the Defendant’s left her knick, with his hand, on two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to H, F, and G;

1. Application of Acts and subordinate statutes of paragraph (D) of a part of damage;

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 ordinary concurrent crimes (limited to cases where a person interferes with the execution of each official duty);

1. Selection of an 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. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act: The defendant has been punished four times as a fine in the past.

The favorable circumstances: (a) the defendant has no record of the same crime; (b) the victim of the injured case is the kind of the defendant; (c) the victim has agreed with him; and (d) all of the crimes of this case reflects the defendant's mistake; and (c) the circumstances leading to the crime of this case, the extent and result of the damage; (d) the circumstances leading to the crime of this case; and (e) the circumstances leading to the crime of this case; and

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