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(영문) 청주지방법원 2015.02.12 2014고단1798
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 4,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. On August 24, 2014, the Defendants jointly committed the crime: around 23:35, on the roads of the Cheongju-si, a large-ro 57 Sindong Residents' Center, Defendant D (the age of 22) who was the director of the victim D (the age of her husband) who had caused a traffic accident and called the Defendant “dacting” and called the Defendant “dacting”; Defendant A took the face of the victim due to drinking; Defendant A dacting the breath; Defendant B ske the breath; Defendant B ske the breath of the victim’s flap; and Defendant B ske the victim’s flap, thereby causing injury to the victim, such as the flap, if he had the victim’s breathy for treatment for about two weeks.

Accordingly, the Defendants jointly inflicted an injury on the victim.

2. The suspect B;

A. In the time, place, and the victim E(22 years of age) met fighting, the injured Defendant inflicted bodily injury on the part of the victim, who was in need of approximately two weeks of treatment on the face of the victim by drinking, when the victim E(22 years of age) met the fighting.

B. On August 24, 2014, at around 23:47, the Defendant: (a) expressed that a slope G belonging to the F District of a considerable police station dispatched after receiving a traffic accident report at the place specified in paragraph (1) was asked about the circumstances of the traffic accident and the assault case, and assaulted G’s chest on a drinking room.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reported duties.

Summary of Evidence

1. Defendants’ respective legal statements

1. The defendants' statements among the suspect interrogation protocol against the defendant A by the prosecution

1. Each police protocol of statement about D, E, and G;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act (the point of joint injury and the selection of fines);

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

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