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(영문) 서울남부지방법원 2016.08.10 2016고단2695

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

B The defendant A shall be punished by a fine of 3 million won, and the defendant A shall be punished by a fine of 500 thousand won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants are de facto persons in a de facto marital relationship.

1. On May 9, 2016, the Defendants committed the joint crime of the Defendants: (a) around 20:15, at “D main points” located in Gangseo-gu Seoul Metropolitan Government, and (b) at “D main points”, (b) the victims E and drinking, and (c) the past finites, Defendant A took a finite of the victim’s head, fincing the victim’s head, fincing the victim’s head, and (b) the victim’s head was faced with the victim’s head from the wall.

Accordingly, the Defendants jointly assaulted the victim.

2. On May 9, 2016, at around 20:20, the Defendant reported a assault case at the place specified in paragraph (1) around May 9, 2016, and found that G in the circumstances belonging to the Seoul Gangnam Police Station F District were to arrest the said G as an offender in the act of committing a crime, and that the chest of the said G was pushed down several times in hand, and that he was drinking once.

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

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of suspects of E;

1. Application of the Acts and subordinate statutes of the police statement protocol to G;

1. Defendant A of the pertinent Article of the Punishment of Violences, etc. Act: Article 2(2)1 of the same Act, Article 260(1) of the Criminal Act (the point of joint assault) against the crime: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 136(1) of the Criminal Act (the point of joint assault)

1. Determination of a fine as to the Defendants who selected the punishment

1. Aggravation of concurrent crimes (defendant B), the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act;

1. Articles 70(1) and 69(2) of the Criminal Act on the confinement of the workhouse (defendants)

1. Grounds for sentencing under Article 334(1) of the Criminal Procedure Act

1. Defendant A- sentenced to a fine and does not apply the sentencing criteria. - Unfavorable circumstances: The fact that the same kind of force may be available; the fact that the victim E is erroneous, the fact that the victim E is not subject to punishment; and all other sentencing conditions.