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(영문) 대구지방법원 서부지원 2015.12.29 2015고단1902
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

A and Defendant B shall be punished by imprisonment with prison labor for one year and six months, and Defendant C by imprisonment with prison labor for four months.

provided, however, that the defendant A, a.

Reasons

Punishment of the crime

1. On August 25, 2015, Defendant A, at around 22:20 on August 25, 2015, the “Gju” located in Seogu-gu, Daegu-gu, in relation to the victim B (50 years of age) and his/her opinions about his/her duties, he/she heard from the victim of the dispute, and he/she saw the beer’s disease, which is a dangerous object on his/her customer, and caused the victim to face that needs approximately two weeks of treatment.

2. Defendant B asserted the victim A (the age of 53) at the time and place specified in paragraph (1) and brought a beer’s disease, which is a dangerous thing on his customer, and brought about about two weeks of treatment to the victim’s face, and led the victim to a dives, eye, diagnosis, etc.

3. Defendant C, at the time, at the place, and at the place as stated in paragraph (1) of this Article, asked the details of the case and the personal information of A and B by the staff member I belonging to the H District District of the Daegu Western Police Station, called upon 112 report, and asked for the case and the personal information of A and B, Defendant C committed a assault on the ground that “I amb head, I amb, I will come up, and we will know you will come up. I amb and we will find out.” On the head, the Defendant assaulted and interfered with the police officer’s legitimate execution of duties concerning the maintenance of public order and criminal investigation.”

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police suspect interrogation protocol against Defendants B and A;

1. An investigation report (Attachment of a medical certificate for injury);

1. Application of Acts and subordinate statutes to a criminal investigation report (the inside of a main station, a shoulderer beer's disease, and a photograph of the upper part of the body);

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) C of the Criminal Act: Article 136 (1) of the Criminal Act (Selection of Imprisonment)

1. Defendant A and Defendant B: Articles 53 and 55 (1) 3 of the Criminal Act;

1. The Defendants in a suspended sentence are trade names in the case of each of the Defendants and the case of injury under Article 62(1) of the Criminal Code.

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