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(영문) 울산지방법원 2015.03.13 2014고단3647
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

A defendant shall be punished by imprisonment for not less than one year and 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. Around 06:20 on August 24, 2014, the Defendant was in violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and expressed a desire to the victim E (the age of 31) in front of the "Dju store" located in the building in Yangsan City, while taking a bath to the victim E (the age of 31). Accordingly, the above E was taken as a drinking house, and the face of the above E was taken back in the face of the above E, and the beer’s disease, which was a dangerous thing that had been located in the surrounding area, was exposed to the above E’s face, and on the other beer’s disease, the head of the relevant victim was faced with the spirit of the victim F (the age of 21).

As a result, the defendant put the victim E on an open top part of the floor requiring approximately two weeks of treatment, and the victim F with approximately two weeks of treatment, respectively.

2. The Defendant engaged in obstruction of performance of official duties, on the date, time, and place specified in paragraph (1), and on the same ground as stated in paragraph (1), and committed assault, such as spitation, etc., on the face of the above H and I, by preventing the Defendant from committing any act described in paragraph (1), as the security guards and patrolmen assigned to the G police box of the Yangsan Police Station, who was dispatched to the scene, and prevented him from committing any act described in paragraph (1).

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the control of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police investigation of suspect with regard to F;

1. Statement of police statement to E, H and J;

1. Photographss, CCTV images of the damaged area, etc.;

1. Application of Acts and subordinate statutes of each injury diagnosis letter;

1. Articles 3 (1) and 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 257 (1) of the Criminal Act (the point of causing bodily injury to a dangerous object) and Article 136 (1) of the Criminal Act concerning the crime;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of imprisonment with prison labor for the crime of obstruction of performance of official duties

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution;

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