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(영문) 서울서부지방법원 2019.03.13 2018고단4183
상해등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 25, 2018, at around 23:45, the Defendant reported 112 on the street in front of the restaurant in Mapo-gu Seoul, “C”, and called “C” in front of the restaurant in Mapo-gu, Seoul, and 112, from the border E (30 years old) and the policeman F (38 years old), the Defendant was arrested as a flagrant offender with the disturbance of the Defendant’s daily activities in the above restaurant, and turned down above the floor of the police officer by cutting down the trees of the police officer by hand from the following of the above police officer.

As a result, the Defendant interfered with police officers' legitimate performance of duties concerning the handling of 112 reported cases and arrest of flagrant offenders, and at the same time, the Defendant inflicted injury on the victim F to the left-hand gate, inspection, etc. requiring approximately two weeks of medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of E and F;

1. Investigation report (to hear statements from telephone calls by victim police officers and reporting thereon);

1. A medical certificate;

1. Application of Acts and subordinate statutes governing photographs of injuring police officers;

1. Relevant Article 136(1) of the Criminal Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the choice of each fine for the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment prescribed for the crimes of obstruction of performance of official duties, and the crimes of bodily injury among the crimes shall be imposed);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was that the investigative agency denied the intention of injury and vindicateed that it was an negligent crime: Provided, That each of the crimes of this case was acknowledged at the time of this court; the victim expressed his/her intention not to punish the defendant; the victim expressed his/her intention not to punish him/her; there is no record of crime other than the punishment imposed once due to drinking driving; other circumstances, including the degree of obstruction of performance of duties, age, character and conduct, career, motive of the crime; and the circumstances after the crime, etc., considered all of the various circumstances,

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