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(영문) 수원지방법원 안산지원 2019.05.30 2019고단964
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A Imprisonment for six months, and Defendant B shall be punished by a fine of one million won.

Defendant

B does not pay the above fine.

Reasons

Punishment of the crime

1. At around 23:10 on March 8, 2019, the Defendants committed assault, such as, among others, that the victims E (the age of 47 and South) who driven a car while crossing the crosswalk in front of the “D” lane in the Dong-gu, Ansan-si, Ansan-si, the Defendant B opened the victim’s driver’s seat and dump and dump the victim’s flap., and Defendant A used the victim’s left hand to get out of the vehicle. Defendant A used the victim’s dump by having the victim’s dump cut off once with his left hand.

Accordingly, the Defendants jointly assaulted the victim.

2. Although Defendant A’s criminal act was reported at the date, time, and place specified in paragraph (1) of this Article and tried to listen to the circumstances of the instant case against the Defendant and B, the Defendant attempted to leave the scene by attempting to arrest the Defendant and B in flagrante at the police station of the Ansan-gu Police Station, and attempted to arrest the Defendant and B at the scene of the instant case. In the course of boarding the patrol vehicle, Defendant A committed assaulted the Defendant and B’s face face part of the police station of the police station of the relevant police station of the relevant police station of the relevant police station of the relevant police station of the relevant police station of the Republic of Korea, on two occasions by drinking the police station G, and was

Accordingly, the defendant interfered with the handling of the 112 reported case by police officers and legitimate execution of duties concerning the arrest of flagrant offenders.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E, G, and H;

1. Application of each statute on photographs;

1. Article applicable to criminal facts;

(a) Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (a point of joint assault) and Article 136(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

1. Defendant A of ordinary concurrence: Articles 40 and 50 of the Criminal Act;

1. Selection of punishment;

(a) Defendant A: Imprisonment (former and previous consideration);

B. Defendant B: Selection of a fine (defensive, previous, and previous)

1. Defendant A among concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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