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(영문) 부산지방법원 동부지원 2015.04.30 2015고단107
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a kindergarten teacher, and Defendant B is a cargo driver, who is the Defendants.

1. On December 24, 2014, Defendant A’s violation of the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) considered that the victim F (the age 20) passed on the te located in Busan Shipping Daegu D, and felled by the Defendant, but did not know that he did not go to the Defendant even though he did so, at around 23:00, the Victim F (the age 20) did so. The Defendant expressed that he was “nicker,” and expressed a desire to “nicker,” and had the victim take the head of the victim’s disease, which is a dangerous object, and caused the victim’s injury, such as two open wounds requiring treatment for about 14 days.

2. Defendant B’s obstruction of performance of official duties: (a) sounded that Defendant B’s security guards and security guards belonging to the Shipping Police Station G District Unit of the Shipping Police Station, who received the aforementioned violence incidents at the above time and at the above location, arrested Defendant B, on the ground that the police officer H and security guards employed by the Shipping Station G District Unit of the Korea Coast Guard, arrested Defendant B, who was one’s own leader; and (b) assaulted Defendant B, etc., by debrising the erogate of the Defendant H’s erobb

Accordingly, the defendant, who is a public official performing his duties, interfered with legitimate execution of duties in relation to the prevention, suppression and investigation of the above H crime.

Summary of Evidence

1. Defendants’ legal statement

1. Each police statement made to F, H, and I;

1. Application of the injury diagnosis certificate and the statutes governing damaged photographic images;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) 2 of the Criminal Act: Article 136 (1) of the Criminal Act;

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendants of suspended execution: The following circumstances are the reasons for sentencing under Article 62(1) of the Criminal Act (the conditions favorable to the reasons for sentencing below), and the age, character and conduct, environment of the Defendants, and the Defendants.

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