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(영문) 광주지방법원 2014.10.16 2014고단2616
상해
Text

[Defendant A] Defendant A shall be punished by a fine of KRW 2,000,000.

Defendant

A fails to pay the above fine.

Reasons

Punishment of the crime

1. On May 6, 2014, Defendant A, at around 02:45, stated to the effect that “D” in front of “D” located in the Gwangju Mine District C, is “D, not late,” and Defendant A had a dispute with H and I, i.e., “D,” and “I,” in the vicinity of the victim F (F, 19 years old), the victim G (W, 21 years old), and I, who were in parallel with the victim G (W, 21 years old).

During that period, the Defendant, on the ground that “A victim F, who was behind H, would be frightened or bad,” saw the said F’s timber as his arms, and boomed the victim G’s head, who was adjacent to the said F, and frighted the victim’s head, and frighted the victim’s head, who was adjacent to the said F, thereby causing injury to the victims, such as salt, tension, etc. of the bones of trees that require approximately two weeks of care.

2. On May 6, 2014, at around 02:45, Defendant B: (a) was arrested by police officers K, etc. belonging to the G District Police Agency of Gwangju, which was called upon by Defendant B while exercising the above violence, as a flagrant offender of the assault, in order to obstruct A’s arrest, Defendant B, in his/her hand, obstructed police officers’ legitimate execution of duties concerning the maintenance of public order and criminal investigation by sprinking the shoulder of the police officers in order to prevent A’s arrest.

Summary of Evidence

1. Defendants’ respective legal statements

1. The defendants' written statements in each protocol of suspect examination of each police officer against the defendants

1. Each statement made by the police officer in relation to K, F and G;

1. Lritten statements;

1. Each report on investigation;

1. A medical certificate and a medical certificate (F);

1. Application of Acts and subordinate statutes on photographic materials;

1. Article applicable to criminal facts;

(a) Defendant A: Article 257(1) of the Criminal Act

B. Defendant B: Article 136(1) of the Criminal Act

1. Selection of a selective fine for punishment (such as that there is no criminal history against the accused)

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

1. The former Criminal Act No. 12575, May 14, 2014.

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