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(영문) 수원지방법원 여주지원 2013.11.08 2013고단734

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Violation of the Punishment of Violences, etc. Act (a group, violence with deadly weapons, etc.) and injury to victims C;

가. 피고인은 2012. 3. 7. 21:00경 경기 양평군 D 소재 피고인의 집 거실에서, 피고인과 함께 술을 마시던 피해자 C이 피고인에게 욕설을 하였다는 이유로 화가나, 그곳 부엌에 놓여 있던 위험한 물건인 식칼(칼날 길이 20cm)을 손에 집어 들고 피해자의 눈과 이마에 들이대며 “내가 너를 찔러볼까”라고 말한 후, 손바닥으로 피해자의 빰을 1회 때려 폭행하였다.

B. On July 22, 2013, the Defendant: (a) around 21:20 on July 22, 2013, when under the influence of alcohol with the victim C(50 years of age) while drinking alcohol, and without any reason, when drinking about five times the victim’s entrance and face, the Defendant inflicted an injury upon the victim in which the therapy in the number of days of treatment is shaken and the alcohol is teared.

2. In around 21:50 on July 22, 2013, the Defendant: (a) committed an injury to police officers F, and the obstruction of performance of official duties; (b) on the game Yang-gun E, the Defendant: (c) sent to the site by the slope F of the Gyeyang Police Station G police box affiliated with the Yangyang-gu Police Station G police box to investigate the instant situation upon receiving a report by causing an injury to the items mentioned in the preceding paragraph and C; (d) during the influence of alcohol, and (e) sold the nose and the f’s f’s f’s f’s f’s f’s f’

As a result, the defendant caused the above F to inflict bodily injury in the days of treatment, to tear the tear, and at the same time obstructed the police officer's legitimate performance of official duties concerning criminal investigation.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F, C, and H;

1. The service log of the G police box;

1. 112. List of reported cases;

1. Application of Acts and subordinate statutes governing the obstruction of performance of official duties;

1. Articles 3(1) and 2(1)1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257(1) of the Criminal Act; Article 257 of the Criminal Act; Article 25 of the Criminal Act;