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(영문) 서울서부지방법원 2019.07.24 2019고단1415

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A shall be punished by a fine of 50,000 won and by imprisonment of 3 months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On January 3, 2019, at around 21:30 on January 3, 2019, the Defendants: (a) heard the horses that the Defendant was frightened and frightened from the victim E (the age of 65) to the end that the Defendant was frightened by the victim; (b) Defendant A, by hand, frighted the victim’s face; (c) frightened the victim’s bat; (d) Defendant B, by hand, frighted the victim’s bat; and (d) Defendant B, by reporting that the victim was fright the Defendant’s bat around the bottom; and (e) Defendant A frighted, pusheded or frighted the victim’s bat with the victim’s bat.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant B, who received the date, time, place, and reported 112 that “the Defendant was assaulted,” was assaulted by G and H, a police officer affiliated with the Seoul Mapo Police Station F police box, in order to verify the circumstances of the instant case against Defendant, A, and E by separating the Defendant, A, and E, who tried to drive away from the defective E in the first place and tried to go back, and was arrested in the act of committing an act of committing an offense. As the Defendant was subject to removal from G, G, and H, with the left hand knife, by flaging G’s body with the left hand knife, and flae with the left part of H’s body.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on handling 112 reported cases.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding E;

1. Each police statement of G and H;

1. A police statement of I;

1. A criminal investigation report ( CCTV images inside and outside the source);

1. Application of the Acts and subordinate statutes to each photograph (A, E, police officer G);

1. Article applicable to criminal facts;

(a) Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act

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) and Article 136(1) of the Criminal Act

1. Defendant B, who competes with each other, Articles 40 and 50 of the Criminal Act.