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(영문) 수원지방법원 2017.01.11 2016고단5669

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A A shall be punished by a fine of 1,500,000 won, and Defendant B shall be punished by imprisonment for four months.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On June 15, 2016, the Defendants committed the joint crime of the Defendants: (a) around 20:00, Defendant A was under the influence of alcohol in the Yeongdeungpo-gu, Suwon-si, Suwon-si, and the victim D(23 tax) and Si expenses were incurred; (b) Defendant B was under the victim D’s hand floor when the victim D’s shoulders and arms were boomed; and (c) the victim D was exposed to the victim D. The Defendant A was able to keep the victim D’s sent on several occasions; and (d) Defendant A was able to keep the victim D’s body due to drinking alcohol.

Accordingly, the victim E (16) , the victim F (16) , the victim G (17 years) , the victim G (17 years) ran the Defendants Ma, the Defendant B ran the victim E face and head part with the hand floor, and her left part of the victim E with the victim E’s hand, and the Defendant A ran off the victim E face with the victim E face, her spherb, and her spherb., the victim F and the victim G.

Accordingly, the Defendants jointly assaulted victims D, victims E, victims F, and victims G.

2. The Defendant committed the crime of Defendant B, on the date and time set forth in paragraph 1, and at the place set forth in paragraph 1, committed the assault by the police officer I belonging to the Suwon Police Station, who was called up after receiving 112, and the police officer J arrested the Defendant as a current offender of the crime of assault. The Defendant committed the assault by Defendant B, i.e., taking the arms and breast parts of the Defendant’s arms and breast parts of the Defendant J as drinking, and keeping the Defendant’s breast parts of the Defendant’s chest, so far as possible

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendants’ legal statement

1. Police statements made to D, E, F, G, I, and J;

1. Application of the Acts and subordinate statutes to photographs by capturing the victim's photograph and video images;

1. Defendant A of the pertinent provision of the Act on the Punishment of Violences, etc.: Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) 2 of the Criminal Act: Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault) and Article 136 (1) of the Criminal Act (the point of obstructing the performance of official duties);

1. Commercial concurrence;