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(영문) 서울동부지방법원 2014.08.14 2014고단1765
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 9, 2014, at around 01:30, the Defendants violated the Punishment of Violences, etc. Act (joint violence) stated that the victims E (the age of 60) who are drivers of D-si (the age of 60) who was a driver of the D-si, Jongno-gu Seoul Metropolitan City, was locked at the front of the c apartment 1-dong, and was boarding from the Nakdongsan Park located in the Jongno-gu, Jongno-gu, Seoul, and getting aboard the said place, Defendant A expressed his desire to read “this spaws, spaws, spaws, spaws, spaws,” and Defendant B, who was on the back of the Defendant, was spawned with the victim, thereby sustaining the victim’s hand and breaking it over the floor by pushing the victim with the said A.

Accordingly, the Defendants jointly assaulted the victim.

2. 폭력행위등처벌에관한법률위반(공동상해) 및 공무집행방해 피고인들은 2014. 4. 9. 01:40경 제1항 기재 장소에서, 112신고를 받고 출동한 서울강동경찰서 F지구대 소속 경찰관인 경위 G, 피해자 경위 H(53세)이 제1항 기재와 같이 E을 폭행하였다는 이유로 피고인들을 체포하려고 하자, 피고인 A은 주먹으로 피해자의 얼굴을 1회 때리고, 피고인 B은 이에 가세하여 손으로 피해자의 목을 잡아당긴 다음 손톱으로 그의 얼굴을 할퀴고, 발로 위 G의 사타구니 부분과 종아리를 걷어찼다.

As a result, the Defendants conspired to interfere with the legitimate execution of duties by police officers concerning the handling of reports and arrest of flagrant offenders, and at the same time, the Defendants jointly conducted an internal diversopic test that requires approximately two weeks of treatment to the victims.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement to I, G and J;

1. A medical certificate;

1. Application of each statute on photographs;

1. Article 2(2) and Article 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (joint injury and choice of imprisonment), Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act, the Criminal Act.

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