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(영문) 창원지방법원 통영지원 2016.02.17 2015고단1203

폭력행위등처벌에관한법률위반(공동재물손괴등)등

Text

Defendants shall be punished by imprisonment for eight months.

However, from the date of the final judgment of this case, the defendants are above two years from the date of the final judgment.

Reasons

Criminal facts

1. The Defendants jointly committed the crime, around 23:40 on October 3, 2015, damaged the victim’s property to the extent of KRW 100,000,000 for repair costs, on the grounds that the Defendants jointly committed the crime at the victim E’s singing room in a studio in the state of alcohol, and that the Defendants were unable to engage in a conflict with each other while fighting in their body while drinking. In short, the Defendants destroyed the victim’s property to the extent that the repair cost would be 10,000 won.

2. On October 3, 2015, Defendant A, at around 23:40, committed assault, such as, around October 3, 2015, the Defendant: (a) the police official of the Tong-gu Police Station G District, a police official of the G District Team, who was called “Nan police officer,” and (b) the Defendant, who was called “Nan police officer,” was asked to present identification cards from H; and (c) the Defendant, who was her hand, her fladdd with H’s flaps and handes; and (d) her her flabeded the bed of the bed with the bed of the bed.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning 112 reporting handling duties.

3. Defendant B: (a) arrested Defendant B at the entrance of the instant singing room around October 3, 2015; (b) arrested Defendant B, on the ground that H was working at the entrance of the said singing room; (c) cutting down both arms and cutting off; and (d) arrested B.

As the phrase “uncompeted Da,” assaulted by hand, such as pushing the body of I and H in the circumstances belonging to the said global group and drawing a hand.

Accordingly, the defendant has prevented police officers from performing their legitimate duties in relation to the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E and H:

1. Each investigation report (verification of the details of damage, video CDs, on-site photographs);

1. A written agreement;

1. Application of the photographic Acts and subordinate statutes;

1. Articles 2 (2) 1 and 2 (2) of the Punishment of Violences, etc. Act concerning the facts constituting an offense, Article 366 of the Criminal Act, Article 136 (1) of the Criminal Act and Article 136 (1) of the same Act and the selection of imprisonment with prison labor for each crime;

1. The former part of Article 37 of the Criminal Code, and Article 38.