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(영문) 서울남부지방법원 2013.03.21 2013고정837

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

1. 폭력행위등처벌에관한법률위반(공동폭행) 피고인은 2012. 11. 13. 22:30경 서울 관악구 B 식당' 앞 토스트 가게에서, 그곳 손님인 C이 토스트 가게 업주에게 토스트에 들어있는 설탕을 빼달라고 요구하는 것을 보고는 “주는 대로 처먹지 뭘 털어달라고 하느냐”라고 핀잔을 주었다가 C의 남자친구인 피해자 D(28세)과 상호 시비가 되었다.

The defendant was able to balp the victim's balp and 2 to 3 times the face face face face with drinking, and the denial of the defendant's face face with the defendant was falped once with the victim's face part.

Accordingly, the defendant assaulted the victim jointly with the above E.

2. The Defendant committed an obstruction of performance of official duties on the ground that he listens to the F Zone G belonging to the Geumcheon Police Station F Zone G of the Geumcheon Police Station, which was called to the site after receiving the report of the above C C 112, and listened to the details of the assault from the Defendant and the above D, etc. on the ground that he does not hear his speech. As such, G’s chest was tightly pushed off one time by hand with his chest, re-tightly pushed down his chest by hand, and then he was fright up one time with his chest, and thereby, G was fright up to his mouth. Accordingly, the Defendant resisted that the police officer belonging to the same earth group attempted to arrest the Defendant as an flagrant offender for committing an act of obstruction of official duties, and that the Ha’s left right mouth was fright once a part of H’s mouth.

As a result, the defendant interfered with the legitimate execution of duties by police officers, and, at the same time, did not keep the left-hand side of the victim G in need of treatment for about two weeks, and did not keep the right-hand side of the victim H in need of treatment for about two weeks.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of police suspect regarding D;

1. Each police statement of C, G, and H;

1. Application of Acts and subordinate statutes of each written diagnosis;

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) and Article 260 of the Criminal Act concerning a crime;