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(영문) 서울서부지방법원 2013.09.24 2013고정1418

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A shall be punished by a fine of 50,000 won, and a fine of 2,00,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. The Defendants, around December 28, 2012, around D 22:00, the Yongsan-gu Seoul Yongsan-gu Seoul Metropolitan Government 22:7 dong 7 9, and Defendant A, without any special reason, assaulted the victims by drinking the victim E face at a time, taking the victim E face in his/her hand, taking the victim’s face one time as drinking, kiding the victim’s face, kiding the f face, kiding the victim’s f face. Defendant B, as drinking, was able to take the victim’s face, kid the victim’s face by drinking, and walking the part of the fat.

2. Defendant B, at the above date, at the above place, and at the victim’s report, she took a bath to the police officer H, who belongs to the Seoul Yongsan Police Station Gtation that was called upon, and called up, the victim’s report, and she took a bath, and she took the part of the victim’s entrance alcohol once, the part of the victim’s entrance alcohol was hyp, once in the hand part with the hand part, she sallebbling in hand, and she was salpted by assaulting the police officer’s legitimate performance of duties regarding the suppression of the crime, such as walking a buckbuck part at several times, and at the same time, the victim H suffered injury, such as thale, which requires medical treatment for about three weeks.

Summary of Evidence

1. Defendants’ legal statement

1. A protocol concerning the examination of each police suspect with respect to E, F, and H;

1. Statement of the police statement related H;

1. Application of an injury diagnosis certificate and statutes governing damaged photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act

B. Defendant B: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), Article 257(1) of the Criminal Act (the point of injury)

1. Defendant B of ordinary concurrence: Articles 40 and 50 of the Criminal Act (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. Defendant B from among concurrent crimes: the former part of Article 37 and Article 38(1) of the Criminal Act