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(영문) 의정부지방법원 2018.02.22 2017고단5633

폭행등

Text

Defendant

A Imprisonment for one year, and Defendant B shall be punished by a fine of 3,00,000 won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

[2017 Highest 5633]

1. On September 16, 2017, Defendant A, at around 00:18, obstructed the trade name “F” operated by the victim E (48 tax) of the Guri-si around 00:18, Defendant A committed assaulting the victim’s head on two occasions by taking a claim that the victim did not fully have the drinking value.

2. On September 16, 2017, at the front of the trade name “F” in the preceding paragraph, around September 16, 2017, the Defendants of the joint crime committed by the Defendants: (a) received a report that there was an assault incident and received a request for presentation of identification card from H from a police officer belonging to the G District Unit of the Gyeonggi-gu Police Station G District, Gyeonggi-gu, which was called upon, and (b) received a demand for presentation of identification card from H; (c) Defendant B h h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’s h’

As a result, the Defendants conspired to commit violence against police officers performing legitimate duties, thereby hindering the performance of official duties.

[2017 Highest 5675]

3. On November 24, 2017, Defendant A driven an Iravi other vehicle while under the influence of alcohol content of about 200 meters at approximately 0.084% at the same time from the fluence in the Guridong-si Si, Guridong-si to the 298-ro, Dongri-si, Siri-si, Siri-si.

Summary of Evidence

[2017 Highest 5633]

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. Each written statement of E and J;

1. 112 Notification to the 112 Reporting Department;

1. Related photographs and video materials;

1. Investigation report (verification of on-site photographing motion pictures), investigation report (to hear statements from victims E);

1. Defendant A’s legal statement

1. Report on the circumstances of driving under drinking, inquiry of the results of crackdown on driving under drinking, and statement of the circumstances of the driver under driving under drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses and the register of tea;

1. Relevant legal provisions concerning criminal facts;

A. Article 260(1) of the Criminal Act of Defendant A (a point of assault) and Articles 136(1) and 30 of the Criminal Act (a point of obstructing the performance of official duties), Article 148-2(2)3 and 44 of the Road Traffic Act.