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(영문) 인천지방법원 2013.04.30 2010고단3123 (1)
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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Defendant

A Imprisonment of one year and six months, and Defendant B shall be punished by a fine of 3,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

[2010 Highest 3123]

1. Defendant A, at around 16:55 on May 6, 2010, under the Gyeyang-gu Incheon Gyeyang-gu, Defendant A suffered injury to cerebral celebs that require treatment for about 14 days for 14 days for the victim’s head when the victim was suffering from a dangerous object due to the reason that the victim had taken an examination by another person while drinking the victim G (38 years of age) and drinking.

[2013 Highest 1335]

2. The Defendants, around 17:00 on March 04, 2013, around 17:00, had been working in Gyeyang-gu Incheon, Gyeyang-gu, Incheon, as an issue of the drinking value payment. At the time, the Defendants had been working in order to hear the statements of I related to the assault case occurred in the G District of the Gyeyang Police Station, K, and slope L prior to the preceding day.

Defendant

B은 위 일시, 장소에서 위와 같이 I와 시비하다가 갑자기 K에게 "야 임마 너 뭐하러 왔냐고, 이 씨발놈 맞짱 한번 뜰래"라고 소리를 지르며 손바닥으로 K의 가슴을 밀치며 주먹으로 때릴 듯이 위협하고, 피고인 A은 L의 팔을 잡아 당기고, 이를 만류하는 K의 양 팔을 잡아 비틀며 넘어뜨렸다.

As a result, the Defendants conspired and interfered with the legitimate performance of duties concerning the investigation of police officers' crimes.

Summary of Evidence

[2010 Highest 3123]

1. Defendant A’s legal statement

1. The police statement concerning G;

1. A report on investigation;

1. A letter of injury diagnosis and on-site photographing (2013, group 1335);

1. Defendants’ respective legal statements

1. The police statement of K;

1. A report on investigation and a report on investigation by telephone;

1. Application of the photographic Acts and subordinate statutes;

1. The Defendants of relevant legal provisions concerning criminal facts: Articles 136(1) and 30 of the Criminal Act (the point of obstructing performance of official duties) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of inflicting bodily injury on a dangerous object)

1. Tradeal concurrence Defendants: Articles 40 and 50 of the Criminal Act (Mutual Crimes of Obstruction of Performance of Official Duties)

1. Defendant A: Defendant B, who selected the punishment for the obstruction of performance of official duties, shall be punished by a fine.

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