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(영문) 수원지방법원 안산지원 2016.01.20 2015고단3486
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, from the date this judgment becomes final and conclusive, each one year.

Reasons

Punishment of the crime

1. On October 24, 2015, the Defendants’ joint assaulted Defendants 01:30 on the roads of “D” located in the Ma in the [Gu of Gyeonggi-si, the Gyeonggi-si, the Gyeonggi-si, the Gyeonggi-si, with the victim E, the victim F, and the victim G am together, and without any reason, the Defendant A am to the victims as to whether the victims met the time expenses.

“The Victim E was sleeped with sound, slicked with the chest of the Victim E, and Defendant B was slicked with the Victim F’s slick, and slicked with his hand when the Victim G was sleeped with the Victim F’s slick, and the Victim G was flicked with his finger.

Accordingly, the Defendants jointly assaulted victims.

2. The Defendant interfered with the performance of official duties by Defendant B was assaulted by two male persons at the time and place specified in paragraph 1.

“A police officer who was dispatched upon receipt of a report 112 and arrested the above A in the act of violence to the police officer and was aboard the patrol vehicle: “A police officer is the police officer”;

This Chewing spawd “h”, intending to open the spawd door, and the above H prevented it, and assaulted the H’s flab, such as cutting the flab, cutting the flab, etc.

Accordingly, the Defendant interfered with the legitimate execution of duties by police officers concerning the handling of 112 reports.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made by the police with H;

1. G and two other statements;

1. Application of statutes on the photograph of the case

1. Relevant legal provisions concerning criminal facts;

(a) Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act

B. Defendant B: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties)

1. Articles 40 and 50 of the Criminal Act of the Trade Union (the Defendants)

1. Selection of punishment;

A. Defendant A: Imprisonment with prison labor;

B. Defendant B: Determination of imprisonment with prison labor

1. Aggravation of concurrent crimes (defendant B), the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Criminal Act;

1. Suspension of execution (the Defendants) Article 62(1)1 of the Criminal Act

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