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(영문) 창원지방법원 진주지원 2015.04.29 2015고정56
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 5,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. From July 3, 2014, the Defendants violated the Punishment of Violences, etc. Act (joint violence) went through a back to the back of the vehicle boarding the victim E (V, 25 years old) in front of the D cafeteria located in Jinju-si, Jinju-si around July 3, 2014.

At this time, the victim and the victim's male-friendly arrest F (26 years of age) defects, "I see why we can see the vehicle?" Defendant B saw F as "I see where I see see, where I see, she see, I see, where I see, I see, I am the shoulder of the victim who sees it on his hand, and the victim am above the pushed floor again.

Accordingly, the Defendants jointly assaulted the victim.

2. When Defendant A and Defendant B listened to the circumstances of the instant case against the victim at the time, at the same time, at the same place as the above paragraph (1) and at the same time, and at the same place as the above paragraph (1), the police officer assigned to the Jinju Police Station G District G District, which was called upon on the ground of the above paragraph (1), and the police officer assigned to the Jinju Police Station G District, and Defendant B prevented the police officer from performing official duties, such as having satisfing and pushed down the fat, and having Defendant A and Defendant B live together with Defendant A and Defendant B, and he prevented the police officer’s legitimate performance of duties, such as having satisfing the chest I’s chest body, and having the body of the satch I carried it down.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each police protocol of statement to E, H, I, and F;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes; Article 260 (1) of the Criminal Act; Articles 136 (1) and 30 of the Criminal Act of each Criminal Act;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for the crimes of obstruction of performance of official duties among the crimes of obstruction of official duties, and the punishment for the crimes of obstruction of official duties against H with heavy circumstances);

1. Selection of each alternative fine for punishment;

1. Article 37 of the Criminal Code among concurrent crimes.

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