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(영문) 서울서부지방법원 2016.12.08 2016고단3022

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendants shall be punished by imprisonment for one year.

However, for three years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

1. On September 27, 2016, at around 00:35, the Defendants’ co-offendered the Defendant’s demand to fill the seats from “E” Ga located in Eunpyeong-gu Seoul Metropolitan Government to the victim F (the 53 years old), and from the same G (the 59 years old), but was rejected, the Defendants’ demand to fill the seat and body of the said victims by placing their head bonds on the floor, leading the said victims’ head bonds, and putting them on the floor.

In addition, without any reason, Defendant A left the victim H (the age of 58) in the next table, without reason, called “I am president, I ambs, I ambs, and I ambs, I ambs, I ambs, I ambs, and I ambs, I ambs, I ambs, and Defendant B ambs together with it, and ambscams.

Therefore, the Defendants jointly assaulted the victim F, the same G, and H, respectively.

2. Defendant A, at the above time and place, abused the victim’s left loss by taking the victim’s J (63 years of age) as his hand, who is the owner of the above main point without any justifiable reason. The Defendant assaulted the above victim by walking his left loss.

3. 피고인 B 피고인은 위 일시, 장소에서, 신고를 받고 출동한 은평경찰서 K파출소 소속 순경 L(23세)가 위 A을 폭행의 현행범인으로 체포하려고 하자, "네가 뭐냐, 경찰이면 다냐, 한번 해봐라 이 새끼 놀고 있네"라고 하면서 주먹으로 위 L의 왼쪽 귀 부분을 1회 때리고 발로 그의 오른쪽 허벅지를 수 회 걷어찼다.

Therefore, the defendant interfered with the legitimate execution of duties in relation to the investigation of police officers' crimes and arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement concerning L, F, G, J, and H;

1. Written statements;

1. Application of the Acts and subordinate statutes concerning the photograph of a video closure;

1. The Defendants: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint violence), and Article 260(1) of the Criminal Act.