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(영문) 춘천지방법원 원주지원 2015.11.11 2015고단835
상해등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

1. On July 23, 2015, at around 23:20, the injured Defendant: (a) boarded a taxi driven by the victim D(45 years of age) on the front of the road in front of the original city, and asked the victim to pay the taxi fee; (b) took a bath to the victim; and (c) took a part of the victim’s left face on one occasion due to drinking, the victim took a part of the victim’s unclaimed surgery on the number of days of treatment.

2. On July 23, 2015, the Defendant suffered injury and obstruction of the performance of official duties at the above location, at around 23:45, when the victim F (the 47 years of age) who was a slope belonging to the Kunju Police Station E District, attempted to get arrested as a flagrant offender and attempted to keep the victim arrested him/her as a flagrant offender, thereby causing damage to the victim’s right-hand side, which requires approximately two weeks of treatment.

As a result, the defendant interfered with the legitimate execution of duties of police officers on arrest of flagrant offenders, and at the same time injured the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and D;

1. A report on investigation (Attachment of a medical certificate);

1. Application of statutes on site photographs;

1. Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (trades between the crimes of injury to F and the crimes of obstruction of performance of official duties);

1. Selection of each alternative fine for punishment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The crime of this case on the ground of sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is a case involving the injury of a police officer when the defendant was arrested in the act of assaulting the victim D while committing an act of assaulting the victim D and obstructing the execution of his duties. It is necessary to punish the defendant strictly.

However, it is against the defendant's wrong, and it is an initial offender who has no record of criminal punishment.

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