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(영문) 서울중앙지방법원 2017.12.22 2017고단6749
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, from the date this judgment becomes final and conclusive, each one year.

Reasons

Punishment of the crime

1. 피고인들의 공동 상해의 점 피고인들은 함께, 2017. 8. 13. 00:10 경 서울 강남구 F에 있는 ‘G’ 유흥 주점에서 술을 마시던 중, 여 종업원이 들어오지 않는다는 이유로 화가 나, 위 주점 종업원인 피해자 H(37 세) 을 부른 다음, 피고인 A은 피해자를 향해 양주 병을 던지고, 주먹으로 피해자의 얼굴과 목 부위를 수 회 때리고, 피고인 B은 이에 가세하여 피해자를 향해 맥주병을 던지고, 손으로 피해자의 등 부위를 수 회 때리고 발로 피해자의 발등을 1회 걷어찼다.

As a result, the Defendants jointly inflicted injury on the victim such as salt, tension, etc. in the cryp, which requires approximately three weeks of treatment.

2. The Defendant interfered with Defendant A’s performance of official duties on August 13, 2017, at the above entertainment station around 01:00, at the police station around 112, the police commander of the Seoul Gangnam Police Station I police station, who received the 112 report, arrested Defendant as a current offender, took several faces of J as head while taking a bath to J, and interfered with legitimate execution of official duties in relation to the prevention, suppression, and investigation of the crime by the police officer.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of each police statement made to H, K, and J respectively;

1. Application of Acts and subordinate statutes written diagnosis of injury;

1. The Defendants: Article 2(2)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act (Joint Injury, and Selection of Imprisonment): Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties, and the choice of imprisonment)

1. A aggravated criminal defendant: the former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendants of a suspended sentence: Reasons for sentencing under Article 62(1) of the Criminal Act (see, e.g., conditions favorable to the reasons for sentencing as set forth below);

1. Defendant A

(a) Category 1 (a) interferes with the execution of official duties (basic crimes) / [type] interference with the execution of official duties. (b) The scope of punishment on the sentencing guidelines shall interfere with the execution of official duties.

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