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(영문) 인천지방법원 2012.12.12 2012고단10539
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On September 18, 2012, around 12:30 on September 18, 2012, Defendant A, B, and D co-principaled Defendant D tried to assault the victim by walking the victim’s bridge and walking the victim’s bridge on the ground that the victim F (21 years of age) newly entering the Incheon House E Office located in the Nam-gu Incheon Nam-dong, Incheon, would take a bath and act without a brucation. Defendant B attempted to assault the victim by deceiving the victim.

At this time, while the teacher G belonging to the above detention house, which has heard a disturbing sound, prevented the Defendants from doing acts, and takes the victim out of the dwelling space, the victim is the victim "I kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't

A prison officer was subject to restraint.

In this regard, Defendant D abused the victim's bridge by walking the victim's bridge due to the victim's appearance, and assaulted the victim's side gate, and Defendant B also used the victim's buckbucks for once.

As a result, the Defendants jointly inflicted bodily injury on the shoulder and the arms with which the number of treatment days can not be known to the victims.

2. Defendant A attempts to go out of the ward to assault F at the same time and place.

As the teacher G of the above detention center was removed by the above detention center, the violence was obstructed by the prison officer's legitimate execution of duties concerning the maintenance of order in the correctional institution, such as smuggling with G's chest by hand.

Summary of Evidence

1. Defendants’ legal statement

1. The interrogation protocol of the Defendants and D by the prosecution (including F's statement)

1. Statement of the police officer of H, I, J and G;

1. Application of Acts and subordinate statutes to medical reports;

1. Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury, the choice of imprisonment), and Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties, the choice of imprisonment).

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