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(영문) 인천지방법원 2018.06.01 2018고단1917

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

A A shall be punished by a fine of KRW 4 million, and Defendant B shall be punished by a fine of KRW 1 million.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

1. On January 17, 2018, the Defendants committed the joint crime of the Defendants: (a) around 03:50 on the street of the Southern-gu Incheon Metropolitan Government D and “E”, and (b) assaulted the victims and women in dialogue with the victim F (26 years of age) and the victim G (30 years of age) on the ground that the victim and Si expenses were debrised; (b) Defendant A was sleeped with the ebbage of the above F on one occasion; and (c) Defendant B used the ebage of the above G, which taken the above site, and ebbbling back the back trees, and ebging the ebage of the said F.

Accordingly, the Defendants jointly assaulted victims.

2. Around January 17, 2018, the Defendant interfered with the performance of official duties by Defendant A, who was a public official of the police officer belonging to the H District, who was a public official belonging to the H District police officer who was dispatched to the site after having received a report at the aforementioned place on January 17, 2018, obstructed the police officer’s legitimate performance of official duties concerning the handling of 112 reports by assaulting Defendant A, such as cutting off the Defendant’s arms and cutting down his arms, and pushing down the said I body on his hand.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the police statement related to G, and protocol of the police statement related to F;

1. Statement made to I by the police (Interference with the execution of public duties);

1. Application of the Acts and subordinate statutes to photograph the mobile phone images;

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: 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) and the choice of each fine

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, and selection of fines

1. 경합범 가중 ▷ 피고인 A : 형법 제 37 조 전단, 제 38조 제 1 항 제 2호, 제 50조

1. 노역장 유치 ▷ 피고인들 : 각 형법 제 70조 제 1 항, 제 69조 제 2 항

1. 가납명령 ▷ 피고인들 : 각 형사 소송법 제 334조 제 1 항 양형의 이유 공동 폭행 범행의 경위, 폭행의 정도 등에 비추어 보면, 피고인들의 죄질이 가볍지 아니하다.

Defendant

In the case of A, the legal order is established.