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(영문) 서울동부지방법원 2015.07.17 2015고단900
상해등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

1. No person who violates the Punishment of Minor Offenses Act shall, while under the influence of alcohol, engage in a riotous or disorderly act by uttering or doing rough words or conducts at a public office;

그럼에도 불구하고 피고인은 2015. 3. 23. 23:46경부터 약 8분 동안 서울 송파구 C에 있는 관공서인 D지구대에서, 술에 취하여 근무 중인 경찰관들에게 “야이 씹새꺄! 좆만한 새끼들이! 죽을려고!”라고 소리를 치는 등 소란을 피웠다.

Accordingly, the defendant, while under the influence of alcohol, led to a very rough speech and behavior in a public office.

2. On March 23, 2015, around 23:54, the Defendant: (a) arrested the victim in an act described in paragraphs (1) and (1) and demanded identification from the victim E (33 years of age) who is a police officer; (b) expressed the victim’s desire to “I would like to kill the victim in the same way in accordance with the crop spat; and (c) I would like to look at the victim’s right eye one time at the victim’s right eye owing to drinking; and (d) ambling the victim, the victim was in need of approximately two weeks of treatment.

As a result, the defendant interfered with legitimate execution of duties by police officers on the control of crimes, and at the same time injured the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to E by the police;

1. Written statement of the F;

1. Application of Acts and subordinate statutes, such as photographs of injuries and diagnostic notes;

1. Article 3 (3) 1 of the relevant Act on the Punishment of Minor Offenses (the point of cancellation by the government office), Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act on the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the crimes of injury, and the punishment imposed on the crimes of serious injury);

1. Selection of each alternative fine for punishment;

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

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 in this case is that the defendant is a middle school teacher.

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