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(영문) 부산지방법원 서부지원 2018.07.04 2018고단69

폭력행위등처벌에관한법률위반(공동상해)등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A violation of the Punishment of Violences, etc. Act (joint assault) and the Punishment of Violences, etc. Act (joint assault) on November 9, 2017: (a) the Defendant went through a vision with the victim G (the 22 years old), Ha (the 22 years old), H (the 22 years old), etc. on the ground that he/she was drinking at the side of the seat while drinking alcohol together with the D restaurant located in Busan Y, Busan Y, on November 9, 2017; (b) the Defendant continued to go beyond the face of H, etc., such as drinking and drinking, when he/she went through a knish with his/her body, she was sealed with H in his/her hand; and (c) the Defendant continued to go beyond the face of H, etc., such as drinking and drinking, when he/she gets knished.

After all, the Defendant, in collaboration with E and F, assaulted the victim G as above, and committed the old net heat where the number of days of treatment cannot be known to the victim H.

2. The Defendant interfered with the performance of official duties, at the above date, at the above place, and at the time, after receiving a report of 112, was subject to the check from the police officer belonging to the GJ, who was called the 1st century in Busan, who was called up, and called “the police is being raised and brought up against dwarf,” and boomed, and when drinking a part of the J on one occasion.

Ultimately, the Defendant interfered with the police officer’s legitimate performance of duties concerning the handling of 112 reports.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of each police officer in relation to F, E, H, and G;

1. Statement made by the police to J;

1. Application of Acts and subordinate statutes to investigation reports, CCTV images of a D cafeteria, and photographs damaged by H;

1. Article 2(2)3 of the relevant Act on the Punishment of Violences, etc. against Criminal Facts, Article 2(2)3 of the Criminal Act, Article 257(1) of the Criminal Act (the point of joint injury), Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint violence) and Article 136(1) of the Criminal Act (the point of obstructing the performance of public duties) and each of the decision of imprisonment.