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(영문) 부산지방법원 2019.01.24 2018고단4854

폭력행위등처벌에관한법률위반(공동상해)등

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Defendants shall be punished by imprisonment for six months.

However, from the date this judgment becomes final and conclusive, the above punishment against Defendant A.

Reasons

Punishment of the crime

1. On July 12, 2018, at around 02:55, the Defendants’ co-offendered with the victim E (33) who walked along the road under the influence of alcohol before D located in Busan, Busan, the victim E (33) and E’s female-friendly job offers F., Defendant A was able to take the victim’s arms and face as the hand-on, and Defendant B was able to take the part of the victim’s co-offender by drinking.

As a result, the Defendants jointly inflicted an injury on the victim, such as the cutting of a pelto, which requires approximately three weeks of medical treatment.

2. Defendant A

A. The Defendant assaulted the victim F(28) at the time and place indicated in Paragraph 1, with the victim’s desire to fight, and with the victim’s bridge attached to the hand-to-saws, and with the left arm’s length on several occasions.

B. On July 12, 2018, around 03:18, the Defendant: (a) obstructed the performance of official duties; (b) prevented the Defendant from wearing a failure in the state of interest of the H district of the Busan Police Station, which was dispatched after being reported to 112 by the Busan High-gu G, Busan High-gu; and (c) assaulted the Defendant with a view to having two wheelbucks of both sides of the J of the Gyeongpo-gu, Gyeongpo-gu, the left top of the back and the left top of the Gyeongpo-gu.

Accordingly, the defendant interfered with the legitimate performance of duties by police officers who execute the 112-report handling affairs.

Summary of Evidence

1. Defendants’ respective legal statements

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Application of each statute on police statements made to I, J, E, and F;

1. Article 2(2)3 of the Punishment of Violences, etc. Act - Article 257(1) of the Criminal Act - Article 260(1) of the Criminal Act - Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act

1. Articles 40 and 50 (Trade Crimes of Obstruction of Performance of Official Duties)

1. Selection of each sentence of imprisonment;

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

1. Suspension of execution: Reasons for sentencing of Article 62(1) of the Criminal Act of Defendant A [Defendant A] 1 crime (Obstruction of Performance of Official Duties]