beta
(영문) 서울중앙지방법원 2019.06.25 2019고단2380

폭력행위등처벌에관한법률위반(공동폭행)등

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of two million won.

Defendant

B The above fine shall not be paid.

Reasons

Punishment of the crime

1. On April 11, 2019, at around 05:10 on April 11, 2019, the Defendants’ co-offendered the Defendants in the “D” entertainment tavern located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C and the 1st underground floor on the ground that the victim E (29 years of age) is infinite. Defendant A took the victim’s face face at one time, and Defendant B took the victim’s face face at one time, and the Defendants assaulted the victim’s face and body part at one time.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A’s sole criminal conduct stated the circumstances of the instant case to the head of the Guak Police Station F District G, which was dispatched after receiving a report at the time and place specified in paragraph (1) at the time and place specified in paragraph (1). While assaulting Party B as described in paragraph (1) to the head of the Guak Police Station F District G, Defendant A committed assault by assaulting Party B, which was located in the area where he was located at the site specified in paragraph (1), and breading Party B, such as “I am,” and “I am sphere”, and assaulting Party B’s

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the prevention, suppression and investigation of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. The police statement concerning G;

1. Application of the Acts and subordinate statutes to report internal accidents (verification of the surface of a motor vehicle), CCTV-cap photographs;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act, and the choice of imprisonment with labor, respectively.

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (a point of joint assault), the selection of a fine

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

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant A of a community service order: Criminal Act.