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(영문) 부산지방법원 2015.11.11 2015고단1340
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by a fine of KRW 2,000,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

From February 25, 2015, the Defendant and B received 220,000 won in cash from the “F” entertainment tavern for the E’s operation “F” located in Busan Seo-gu, Busan. However, the Defendant paid 110,000 won in cash to E, and withdrawn cash from the Nong Ang-gu, and moved to B along with E to pay the balance.

Around 00:05 on February 25, 2015, the Defendant and B called “I would like to recover money at the convenience store payment period next to this hour because I would not be agricultural cooperatives at this time.” B took the head debt of E, B took the head debt of E, and B took the face of E two times by drinking.

On February 25, 2015, at around 00:25, the Defendant was arrested as a flagrant offender in the crime of assault by H of the G District at the private police station G District and by the police officer I, who was called out after receiving 112 reports for the foregoing reasons.

On the ground that the above police officers attempted to have the Defendant arrested as a flagrant offender aboard the patrol vehicle, the Defendant resisted the patrol vehicle for about 10 minutes without leaving the patrol vehicle, and followed up, the Defendant, who gets the Defendant by hand and put the Defendant into the patrol vehicle by hand, destroyed the police officer I's inside of the police officer I's face and chest part on five occasions by walking the Defendant into the patrol vehicle.

Accordingly, the defendant interfered with legitimate execution of duties concerning the protection of police officers' lives and bodies and the prevention and suppression of crimes.

Summary of Evidence

1. Defendant A’s legal statement

1. The suspect interrogation protocol of the defendant A by the police;

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 3);

1. Relevant Article 136(1) of the Criminal Act and Article 136(1) of the Criminal Act: The crime of this case was committed during the process of arresting Defendant A as an offender in the crime of assault, and the procedure for arresting flagrant offenders was lawful.

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