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(영문) 울산지방법원 2020.09.11 2019고단4677
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant violated the Punishment of Violences, etc. Act (joint injury) along with B (Suspension of Prosecution on the same day). On July 18, 2019, the Defendant asserted on the ground that the proprietor E did not pay wages to the wife B in the “Dcafeteria” located in Yangsan-si C on July 18, 2019, and the Defendant scam the son G (Nam and 20 years old) of the above E in both hands, and then scam the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s her hand, and then the Defendant scam the son’s son’s son’s son’s son’s kne

As a result, the Defendant, in collaboration with the victim B, assaulted the victim as above, and inflicted an injury on the victim, such as salt dynasium, tension, etc. in need of approximately two weeks of treatment.

2. The obstruction of performance of official duties and the Defendant sustained the victim’s bucks, so far as possible, on the ground that the victim I (ma and 33 years old) was able to restrain the Defendant and arrest him/her as a flagrant offender after receiving the report that “the fighting was laid down at a restaurant” at the date, time, at the place specified in paragraph (1) and at the place.

As a result, the Defendant interfered with the legitimate execution of duties by the victim regarding suppression and investigation of crimes, and at the same time, the Defendant inflicted an injury on the right side of the victim, which requires approximately two weeks medical treatment.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to G and I;

1. Application of Acts and subordinate statutes to report internal investigation (Attachment of a victim's G injury diagnosis report), investigation report (Attachment of a victim's I diagnosis report);

1. Article 2 (2) 3 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 257 (1) of the Criminal Act; Article 136 (1) of the Criminal Act; Article 257 (1) of the Criminal Act on the Punishment of Violences, etc. against Criminal Crimes;

1. Articles 40 and 50 of the Commercial Concurrent Crimes Act (referring to the punishment prescribed by the crimes of obstruction of performance of official duties and the crimes of injury which are heavier than the crimes of injury);

1. Selection of each sentence of imprisonment;

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