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(영문) 인천지방법원 부천지원 2012.08.08 2012고단936
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by imprisonment of 10 months, by imprisonment of 8 months, and by a fine of 2,00,000 won, respectively.

Reasons

Punishment of the crime

1. Defendants in violation of the Punishment of Violences, etc. Act (joint injury) were jointly carried out by each of the Defendants on May 3, 2012, 01:45, the “F” party room operated by the victim E (34 years of age) on D2 floor in Bupyeong-si, Seocheon-gu, Busan, and the Defendant A went beyond Defendant A and destroyed the wall of the above party room and sent the victim a fake card, and the Defendant A was able to see the victim’s face and body by drinking sleeping the ebbbage of the victim. Defendant B also saw the victim’s face and body by drinking. Defendant C also went back to the victim’s face and body by drinking.

As a result, the Defendants jointly inflicted injury on the victims, such as the bones, etc. requiring medical treatment for about three weeks.

2. Performance of official duties by Defendants A and B

A. When Defendant A was arrested as a flagrant offender from G District Ha, who was called up upon receiving a report on the disturbance at the time and place set forth in paragraph (1), Defendant A expressed a bath to the above H, and spabling the above H’s shoulder with both hands, and spabling.

As such, the Defendant abused the above H and interfered with legitimate execution of duties concerning criminal investigation and maintenance of order, etc. by police officials.

B. Defendant B, at the time and place described in paragraph (1), arrested the above H as a flagrant offender, and expressed her desire to the above H, and took the hand floor at one time.

Accordingly, the Defendant assaulted the above H and obstructed the legitimate execution of duties concerning criminal investigation and maintenance of order of police officials.

Summary of Evidence

1. Defendants’ legal statement

1. The police statement of H, E, and I;

1. A written diagnosis of injury;

1. Application of photographic Acts and subordinate statutes to victims and suspects;

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. Defendant A and B: Article 2(2), (1), and (3) of the Punishment of Violences, etc. Act, and the Criminal Act.

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