B. Performance of official duties

(c) Injury;

2.(a) B

3.(a) C.

4.C. D.

Attorney F. (National Election for Defendant D)

However, with respect to Defendant B, C, and D, the execution of each of the above punishments shall be suspended for two years from the date this judgment becomes final and conclusive.

Defendant B, C, and D are ordered to provide community service for 80 hours each.

【Criminal Power】

Defendant A was sentenced to six years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, etc. on October 6, 2005, and the execution of the sentence was terminated at the Daegu detention center on March 7, 201. On September 27, 2013, Defendant A was sentenced to one year of imprisonment for a joint injury, etc., and the judgment became final and conclusive on April 4, 2014 (the cancellation of detention among the Daegu detention center on March 11, 2014) (the suspension of the execution of the sentence became final and conclusive on November 15, 2014) by having been sentenced to two years of imprisonment for a violation of the Punishment of Violences, etc. Act (the suspension of the execution of one year of imprisonment for a joint injury, etc. at the Daegu District Court on November 7, 2014) (the suspension of the execution of the sentence became final and conclusive on November 15, 2014). Defendant C was sentenced to two years of imprisonment for a stay of execution under the Act on August 28, 13, etc.

1. Defendant D’s injury

피고인은 2013. 2. 초순 일자불상 01:00경 ~ 02:00경 김천시 G에 있는 'H 모텔' 앞에서 주차를 하고 있던 피해자 의 차량을 발견하고, 별다른 이유 없이 다가가 피해자에게 "차 빼, 개새끼야"라고 욕을 하고, 차에서 내린 피해자가 "왜 욕을 하고 그러냐"라고 따지자, 주먹으로 피해자의 안면 부위를 수회 때리고, 발로 피해자의 왼쪽 무릎 부위를 걷어찼다.

As a result, the defendant brought the victim a 10-day medical treatment to the left-hand sulption and an internal sulption.

2. Violation of the Punishment of Violences, etc. (Joint Injury) by the defendant A, B, or C;

The Defendants, J, and K came to the future of the “Hel” in Kimcheon-si, around 01:00 to 02:00 on February 2013, in order to prevent retaliation and reporting to the victims, while knowing that D, as above, was fested with the victims.

J, first of all, after arrival at the above site, expressed the victim's desire to "Ye Madern and Madern," "Ye Madern and Madern," the victim's franites booms the victim's franch with pule, and boomed the franites of the victim's franch, and threatened the victim with the number of the franscing signboards that were in the spot while continuously bruing the victim. And both the defendants and K, who arrived at the scene after the diving, expressed that the victim "Ye fran franch, Ne fran frane fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe fe f fe fe fe fe f.

3. Defendant A’s obstruction of performance of official duties and injury;

On July 23, 2015, at around 09:45, the Defendant expressed that the victim N of social work personnel under parking management was able to observe the order of priority and stop the vehicle while entering the M public prosecutor's parking lot located in L, and caused damage to the victim's reputation that requires approximately two weeks of medical treatment.

As a result, the defendant had a public official who performs public duties such as parking management duties of civil petitioners in the prosecutor's office and interfered with legitimate performance of public duties, and at the same time, suffered about two weeks of medical treatment to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to the prosecution by the N or I;

1. Statement made by the police about 0;

1. A report on internal investigation (abridged by one victim);

1. Previous records of judgment: Each criminal record inquiry report, personal confinement status, each investigation report (the date on which the judgment of the defendant becomes final and conclusive and the period of repeated crime is calculated, each same kind of criminal record and attachment of each judgment), and each written judgment;

Application of Statutes

1. Article applicable to criminal facts;

A. Defendant A: Articles 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 12896, Dec. 30, 2014; hereinafter the same shall apply); Article 257(1) (a) of the Criminal Act; Article 257 of the Criminal Act; Article 257 of the Criminal Act; Article 136(1) of the Criminal Act. Defendant B and C: Articles 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act; Article 257(1) of the Criminal Act

C. Defendant D: Article 257(1) of the Criminal Act

1. Commercial competition;

Defendant A: Article 40 of the Criminal Act (Punishments defined as the crimes of obstruction of the performance of official duties and the crimes of injury, and punishment heavier than punishment)

1. Selection of punishment;

Defendants: Imprisonment Decision

1. Aggravation for repeated crimes;

Defendant A: Criminal records of the violation of Article 35 of the Act on the Aggravated Punishment, etc. of Specific Crimes; thus, as to the violation of the Punishment of Violences, etc. Act (joint injury), the violation of the Punishment of Violences, etc. Act (the crime of joint injury, etc. has been committed, and the crime of injury is committed)

1. Handling concurrent crimes;

Defendants: the latter part of Article 37 and Article 39(1) of the Criminal Act

1. Suspension of execution;

Defendant B, C, and D: Article 62(1) of the Criminal Code

1. Social services;

Defendant B, C, and D: each Criminal Code Article 62-2

Reasons for sentencing

1. Defendant A

A. According to the circumstances where the crime No. 2 of the holding is committed during the period of repeated crime, the fact that the person takes the leading role in the crime is against the victim, the fact that the victim and the person agreed smoothly with the victim are considered as favorable. At the same time as the final judgment in the holding, the punishment is determined as ordered by taking into account the following factors: equity in the case where the defendant was tried at the same time with the final judgment; the defendant’s age, character and conduct, intelligence and environment; motive, means and consequence of the crime; and the circumstances after the crime.

B. The fact that the crime No. 3 of the holding is a crime during the period of the same repeated crime of the same kind, the defendant was punished by a fine at the first instance court with respect to the same crime, and caused the appellate judgment following the prosecutor's appeal without being aware of the same day, and obstructed the performance of official duties by causing injury to the social work personnel under the jurisdiction of the public prosecutor's office without being aware of the same day, and is against the disadvantage that the nature of the crime is bad, and the circumstances favorable to the victim and the original agreement have been reached are considered, and the punishment as the order is determined in consideration of the various sentencing factors indicated in the arguments of the case, such as the defendant's age, character, character, intelligence and environment, motive, means and result

2. Defendant B, C

The defendants are against the defendants, the degree of participation in the crime of this case is not severe, the victim and the defendant agree smoothly with them, equity in the case where they were judged at the same time with each final judgment in the judgment, and other kinds of sentencing factors as indicated in the arguments of this case, such as the defendants' age, character and conduct, intelligence and environment, motive, means and consequence of the crime, circumstance after the crime, etc., shall be determined as ordered by the order.

3. The court shall take into account the following circumstances: (a) there was a record of the suspension of the execution of the defendant Ddong type; (b) the degree of injury of the victim due to the injury of this case is grave; and (c) the victim reflects the fact that the victim agreed smoothly with the victim; and (d) the circumstances favorable to the conclusion that the agreement was reached smoothly with the victim; (b) the defendant’s age, character and conduct, intelligence and environment; (c) the motive, means and consequence of the crime; and (d) other various sentencing factors as shown in the arguments of this case,