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(영문) 청주지방법원 2014.04.04 2013고단1494 (1)

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around October 10:15, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint injury) committed violence against D’s “E cafeteria” operated by Cheongju-si, a considerable amount of Cheongju-si, and F’s use of violence to the victim G who had drinking alcohol on the upper table. In combination with it, the Defendant saw the victim’s body part on several occasions and immediately carried out the victim’s left part.

As a result, the defendant, in collaboration with F, caused damage to the integrity of the head part of the victim's unknown head that needs to be treated for about two weeks.

2. The Defendant: (a) attempted to arrest F as a flagrant offender, such as the crime of interference with business, etc. by the Cheongju Police Station H District Team affiliated with the Cheongju Police Station, which was dispatched to the site after receiving a report of 112 at the time and place specified in paragraph (1) of the same Article; and (b) attempted to arrest F as a flagrant offender, such as the crime of interference with business; (c) “this spack, police spacks, spacks that do not have a spack, spacks, spacks that do not have a spack; and (d) obstructed the above I’s left left left part

Accordingly, the defendant interfered with legitimate execution of duties concerning the arrest of a flagrant offender by a police officer.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police officer to I;

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

1. Relevant Article of the Act on the Punishment of Violences, etc. and the point of joint injury by the choice of punishment: Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act: Article 136 (1) of the Criminal Act;

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

1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 62(1) of the Criminal Act (in addition to the power of fine, the defendant has no record of being sentenced to imprisonment with prison labor, and the content of the crime is not severe, and his mistake is against it);