beta
(영문) 부산지방법원 서부지원 2018.11.07 2018고단1578

특수폭행

Text

1. Defendants A and C shall be punished by a fine of KRW 3,00,000, and Defendant C shall be punished by a fine of KRW 3,000,00.

Reasons

Punishment of the crime

1. On June 3, 2018, at around 21:40, Defendant A: (a) spreaded a passenger car of the victim F (43 cm) in front of the E cafeteria located in Busan, Seo-gu, Busan, and then, the victim resisted the victim’s car, thereby breaking the body of the victim’s G (47 years old) who was in action of the said victim (47 years old); (b) took the face of the victim’s H (43) one time at hand; and (c) assaulted the victims of metal metal x-ray pole (110cm in total and 10cm in thickness of the two columns) for advertisement on the outside, which is a dangerous object located therein.

2. Defendant B and C arrested Defendants J and K as a current offender, who was called up after receiving a report at the time of the report, at the time of Busan, the police officer of the GJ and K, who were the wife of the Defendants, and Defendant B took part in the arrest of Defendant B and K, and Defendant C committed assault by his son and K’s body by taking part in the arrest.

Accordingly, the defendant interfered with the legitimate execution of duties concerning the arrest of police officers in flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made against J, K and L;

1. Each statement of F, G and H;

1. Investigative reports, on-site photographs, investigation reports (a motion picture verification interfering with the performance of official duties), video recording files;

1. Application of Acts and subordinate statutes to a report on investigation (verification of victims, etc.);

1. Defendant A of the pertinent legal provision pertaining to the facts constituting an offense: Articles 261 and 260(1) (a) of the Criminal Act (a point of special assault) Defendant B and C: Articles 136(1) and 30 of the Criminal Act (a point of obstructing the performance of official duties);

1. In the case of the ordinary concurrent defendants: Articles 40 and 50 of the Criminal Act

1. Defendant A and C who choose the penalty: Defendant B: Imprisonment with prison labor;

1. Defendant A and C detained in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A and C: The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act is committed by Defendant A and Defendant B and C.