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(영문) 수원지방법원 안양지원 2013.09.26 2013고정829

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendant shall be punished by a fine of KRW 1,700,000.

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

Reasons

Punishment of the crime

1. On March 27, 2013, the Defendant violated the Punishment of Violence, etc. Act (joint injury) with B, and around 23:50 on March 27, 2013, at the frequency of “E” operated by D (D) in the Gyeonggi-si, Gyeonggi-si, Seoul Building 201, the Defendant listened to the victim’s bathing and drinking, and made the victim take care of the victim’s face and drinking, making the victim take care of both drinking and drinking, and the Defendant was faced with the wall by saving his head by hand, and B met the body of the victim by drinking and drinking.

As a result, the Defendant, together with B, inflicted bodily injury on the victim, such as the number of days of treatment in advance.

2. 공무집행방해 피고인은 2013. 3. 28. 00:10경 경기 군포시 C, 2층 복도에서 제1.항과 같은 피고인과 일행들의 행위에 대하여 112신고를 받고 출동한 군포경찰서 G지구대 소속 순경 H이 피고인을 현행범인으로 체포하려고 하자 양 손으로 위 H의 근무복을 붙잡아 오른쪽 순경 계급장을 뜯고, 발로 위 H의 오른쪽 턱을 1회 걷어찼다.

Accordingly, the defendant interfered with the police officer's 112 report processing and legitimate execution of duties concerning arrest of flagrant offenders.

Summary of Evidence

1. A protocol concerning the examination of each police officer against the accused, B, or F;

1. Each police statement made to D and H;

1. Application of each statute on photographs of damage;

1. Relevant Article 2(2) and (1)3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2(2) and (1)3 of the Criminal Act, Article 257(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of fines, respectively;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;