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(영문) 청주지방법원 충주지원 2018.05.11 2017고단409
폭력행위등처벌에관한법률위반(공동폭행)등
Text

1. The defendant A shall be punished by imprisonment with prison labor for eight months;

However, the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendants jointly committed the crime (violation of the Punishment of Violences, etc. Act (joint assault) around 02:20 on April 30, 2017, and assaulted the victim D (46 tax) who is an employee, and C (47 tax) of the victim C (47 tax) at the same place to listen to the words that they would not drink the can for sale at the above location, and that they would be able to talk about the victim’s face and body body body, and continuously restrain it.

2. Defendant A received 112 reports to the effect that “all people wrap,” and received 112 reports from the police officers dispatched to the said site, Defendant C sent the upper part of H’s top part of the G District belonging to the Chungcheong Police Station G District at the Chungcheong Police Station at one time, and Defendant C sent back the J’s top part to the police officers belonging to the Chungcheong Police Station at the Haju Police Station at one time.

Accordingly, the Defendant interfered with the legitimate execution of duties of police officers regarding the handling of 112 reported cases.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Recording of the statements by witnesses J or H in the second public trial records;

1. The recording of statements made by witnesses C and D in the third public trial records;

1. Legal statement of the witness H;

1. Photographs (batterance against victim D and victim C);

1. Photographs (bandon of violence committed to Police Officers);

1. Investigation report (Attachment of F CCTV images);

1. Application of the video CD-related Acts and subordinate statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (joint assault) and Article 136(1) of the Criminal Act (Interference with the performance of official duties)

(b) Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (joint assault)

1. Article 40 and Article 50 of the Criminal Act for the commercial concurrence (Defendant A);

1. Selection of punishment;

A. Defendant A: Imprisonment with prison labor for both joint assault and performance of official duties

B. Defendant B: Selection of fine

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

1. Attraction of a workhouse;

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