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(영문) 서울남부지방법원 2017.11.01 2017고단496

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

A 10 months of imprisonment with prison labor for the crime No. 2 of the judgment of the court below, and Defendant B.

Reasons

Punishment of the crime

Defendant

On February 2, 2017, A was sentenced to four months of imprisonment with prison labor for interference with business at the Seoul Southern District Court, and the execution of the sentence was terminated at the Seoul Southern District Court on June 1, 2017. The judgment became final and conclusive on August 21, 2017.

1. The Defendants jointly committed the crime of the Defendants - around November 26, 2016, 2016, the Defendants 23:20 and 1525 followed the alcohol in the “E Multilater” located in Guro-gu Seoul, Guro-gu, Seoul. Defendant B, without any reason, had the victim F ( South, 61 years old), take the victim’s body by hand, and let the victim be hick, and Defendant A wear the victim’s face when hicking the hick by drinking, and hick up the victim’s face to the floor. The Defendants followed the victim’s body, such as drinking and hick, face, body, and bridge.

Accordingly, the Defendants jointly committed violence to the victim.

2. Defendant A’s sole crime - The Defendant of 2017 Highest 4018, Jul. 12, 2017, to arrest Defendant A’s first-class B, the Defendant’s first-class police officer of the Gyeonggi-do Police Station, with a slope I belonging to the H District of the Gyeonggi-do Police Station, to enforce the sentence.

N. Does they have the friendship in doing their acts;

Doing the match, Doing the bath theory, “Crest must do so,” and assaulted I by hand about 1 minute of flaps.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers.

Summary of Evidence

"2017 Highest 496, 1525"

1. F is sufficiently reliable in light of the police statement protocol with respect to F (the circumstances immediately after the crime was committed and the F’s statement attitude observed in this Court).

There is some difference between F's legal statement in detail and F's legal statement, but this seems to be because F's memory was inaccurate with the lapse of a considerable period of time until attendance at court after crime).

1. On-site dispatch reports "2017 Highest 4018";

1. Defendant A’s legal statement

1. "Prior Records of Judgment" of the police statement of I;

1. A reply to inquiries, such as criminal history (A).