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(영문) 대구지방법원 서부지원 2019.08.26 2019고단304 (1)

공무집행방해등

Text

Defendant shall be punished by a fine of KRW 500,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

The Defendant and B are patients hospitalized in the D Hospital located in Daegu-gu Seoul Metropolitan City.

At around 20:30 on April 8, 2019, the Defendant and the Defendant used the victim E (the age of 48) to assault F with Defendant B, who was f in friendship with Defendant B prior to this framework, and B met the face and chest of the victim who was fright in drinking, and the Defendant met the victim’s face and chest.

Accordingly, the defendant and B assaulted the victim jointly.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. Application of each police protocol of statement to E and G;

1. Article 2(2) and (1) of the relevant Act on the Punishment of Violences, etc. for Criminal Crimes and Article 2(2)1 of the Criminal Act, Article 260(1) of the Criminal Act, the selection of fines (absurd and reflective points, points agreed with the victim, the degree of simple assault was not excessive, the prosecutor’s punishment, and other various circumstances shown in the arguments of this case);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;