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(영문) 서울북부지방법원 2019.07.18 2019고단902
폭행
Text

Defendant

B Imprisonment with prison labor for six months and for eight months, each of the defendants C shall be punished by imprisonment.

However, as to Defendant B and C, this shall not apply.

Reasons

Criminal facts

1. Defendants B and C violated the Punishment of Violences, etc. Act (joint assault) around 00:00 on October 31, 2018, on the grounds that at the “E restaurant located in Nowon-gu in Seoul Special Metropolitan City, the victim F (34 years of age) who is an employee of the Defendants’ day-to-day G, who is the other customer, and at the same time, the victim F (34 years of age) would be punished by the Defendants’ day-to-day dispute with H, who is another customer, and said, “heat at a restaurant”, Defendant B was pushed the victim’s flick, and Defendant C added the victim’s b’s flick to the restaurant.

Accordingly, the Defendants jointly assaulted the victim.

2. On October 31, 2018, around 00:16, Defendant C’s obstruction of performance of official duties: (a) the police officer, who was a police officer belonging to the Nowon Police Station I district unit of the Nowon Police Station, sent out after receiving a report of 112 on the roads of the restaurant as stated in paragraph (1) at the same time; and (b) the police officer, who was a police officer belonging to the Nowon Police Station I district unit, was able to take the police blue the J’s blue, and was blue at one time

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in relation to 112 reported handling duties.

3. Defendant B’s obstruction of the performance of official duties was carried out by Defendant B, at the time, at the place specified in paragraph (2), and at the place specified in paragraph (2), by committing the crime of paragraph (2), to the slopeK, a police officer belonging to the said I Zone, who is a police officer belonging to the said I Zone, who was able to carry out the knish bed down to the

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol of A and G;

1. Each police statement to K and J;

1. The police statement of H;

1. Lritten statements;

1. A copy of the M Statement;

1. Investigation report (victim F telephone call);

1. Application of Acts and subordinate statutes in Chapter 3 of the Investigation Report (On-Site CCTV Confirmation), -CCTV screen closure photographs, and video CDs;

1. Article 2(2)1 and Article 2(2)1 of the Punishment of Violences, etc. Act provides that the Defendants who choose to commit a crime and sentence.

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