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(영문) 청주지방법원 충주지원 2017.02.24 2016고단866

폭력행위등처벌에관한법률위반(공동폭행)등

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Defendants shall be punished by imprisonment for eight months.

However, the Defendants are above two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Defendant A and Defendant B got off the victim’s cell phone from the 706 entrance entrance of the apartment complex C around August 29, 2016 to the victim’s cell phone at around 02:00 on August 29, 2016, on the ground that violation of the Punishment of Violences, etc. Act (joint assault) was committed against Defendant A and Defendant B, and Defendant B got off the victim’s head by drinking, and Defendant B got off the victim’s head.

Accordingly, the Defendants jointly assaulted the victim.

2. The Defendants who interfered with the performance of official duties could prevent the Defendants from assaulting D on the same day by the F circumstances belonging to the Chungcheong Police Station E District, which were called out after being reported about 112:10 on the same day, and the Defendant A was in compliance with the police of the Republic of Korea in relation to the aforementioned F circumstances.

In the phrase “the victim’s face”, the victim’s face was flabed with flab, and the Defendant B committed assault, such as flabing the victim’s flab and flabing the flab by hand.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties concerning the handling of 112 reported cases by police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspects of D;

1. Each police statement made in relation to F, D, and G;

1. Notification to the department related to the report of 112 case;

1. Each statement of D and G;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint assault, the choice of imprisonment), Articles 136 (1) and 30 of the Criminal Act concerning the crime (the point of obstructing the performance of official duties, and the choice of imprisonment);

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act for suspended sentence;

1. Application of the sentencing criteria;

(a) One type of assault (in the case of violence) (the scope of punishment recommended).