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(영문) 부산지방법원 2015.11.26 2015고단5901
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

1. Defendant A shall be punished by imprisonment for eight months.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. At around 01:20 on August 2, 2015, Defendant A abused the victim’s face four times by threatening the victim’s knife (21cm length, 13cm in knife, 13cm in knife) with a food knife (21cm in knife length, 13cm in knife) which is a dangerous object that he/she finds, on the road of the D cafeteria located adjacent to the cafeteria, Busan, which is located adjacent to the cafeteria C, on the ground that the victim B (Namnam, 34 years old) was sliffed.

2. Defendant B

A. On August 2, 2015, the Defendant attempted to go out of the police box, which was arrested by a flagrant offender on the ground that he assaulted A, at the Busan Haba Police Station located in Busan Haba-gu, Busan, and attempted to go out of the police box, and the victim G (ma, 49 years old), who was an assistant belonging to the above police box, was boomed, and the Defendant obstructed the legitimate execution of duties by assaulting the victim at one time on the part of drinking.

나. 모욕 피고인은 전항 기재 일시 및 장소에서, 위 파출소 소속 경사인 피해자 H에게 “대가리 까진 새끼, 마빡이 새끼, 빡빡이 새끼 이리 온나”라고 큰소리로 말하여 공연히 피해자를 모욕하였다.

Summary of Evidence

1. Defendants’ legal statement

1. Each police interrogation protocol against the Defendants

1. Application of Acts and subordinate statutes to the seizure protocol, protocol of statement, statement of complaint, and photograph of the superior body;

1. Article applicable to criminal facts;

(a) Defendant A: Articles 261 and 260(1) of the Criminal Act (the point of special assault and the choice of imprisonment);

B. Defendant B: Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties), Article 311 of the Criminal Act (the point of insult), and the choice of imprisonment, respectively.

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

1. Defendants subject to suspended execution: Article 62 (1) of the Criminal Act (including confession, criminal record, and the fact that B is not punishable by Defendant A);

1. Defendant B of the community service order: Article 62-2 of the Criminal Act;

1. Defendant A: Article 48 (1) 1 of the Criminal Act;

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