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(영문) 대전지방법원 천안지원 2015.08.24 2015고단1013

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 500,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On January 27, 2015, the Defendants jointly committed the crime at the center of “D” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, Incheon. The Defendants were victims E (Nam, 39 years of age) and Si expenses immediately before, and Defendant A committed assaulting the victim’s face and chest part by drinking while taking a bath. Defendant A, while taking a bath, she was able to walk the victim’s face and chest part by drinking, and she was bucking with it, and Defendant B committed assaulting the victim’s face at several times, and she was able to walk the bridge.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A

A. The Defendant destroyed property damage caused the victim F’s market price under the victim F’s ownership, which was set up on the street without participating in theization at the time, place, etc. described in paragraph (1), by putting up the victim F’s standing signboards in his/her hand.

B. On January 27, 2015, the Defendant: (a) around 22:20 on January 27, 2015, the Defendant asked the circumstances of the instant case by G during the police patrol team affiliated with the 112-reported Western Police Station at the same place; and (b) on his hand, the Defendant saw that “the police dog would die...................., she was shaking of the instant G’s batth face and fat one time per week.”

Accordingly, the Defendant interfered with the legitimate performance of duties by police officers related to 112 reporting processing affairs.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol concerning the suspect interrogation of each of the Defendants

1. Protocol of the police statement concerning G;

1. Application of the laws and regulations of H and I

1. The Defendants of relevant legal provisions on criminal facts: Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, and Article 366 of the Criminal Act, Article 366 and Article 136(1) of the Criminal Act, the selection of fines, etc.

1. From among concurrent crimes (Defendant A), the former part of Article 37, and Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. The Criminal Procedure Act shall each apply to the provisional payment order;