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(영문) 춘천지방법원 영월지원 2013.05.31 2013고단51
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

Defendant

A Imprisonment for 6 months, Defendant B shall be punished by a fine of 2 million won, and Defendant C by imprisonment for one year.

Defendant .

Reasons

Punishment of the crime

1. On October 21, 2012, Defendant A used a telephone call with the victim B (the age of 40) on the front line of the Gangseo-gun, Gangwon-gun on October 21, 2012, Defendant A assaulted the victim with a view to approximately 80cm in length, which is an object dangerous to the victim, on the ground that the victim was her desire to do so.

2. Defendant B, at the time, at the same time as in the preceding paragraph, was assaulted by A, and at the same place, followed up three times the face of the victim A (year 51) by raising an objection against the assault, and caused the victim’s face to the face face of which the number of treatment days cannot be known to the victim.

3. The Defendant, at the same time, at the same place as in the preceding paragraph, and at the same time, and at the same time and place, and after receiving a report of the occurrence of the assault, committed assault by the Defendant C twice to arrest B at the scene by the police officer F of the police box affiliated with the police station of the Gangseo-gu Police Station, who was called out after having received a report of the occurrence of the assault, and in order to restrain this, he took a bath to the said F, and assaulted the Aluminum camping net to F.

Accordingly, the defendant carried dangerous articles and interfered with the legitimate execution of duties by police officers on arrest of flagrant offenders.

Summary of Evidence

1. The defendant B's partial statement

1. The respective legal statements of Defendant A and C

1. Examination protocol of the defendant C by the prosecution (including the part concerning the statement of the defendant A and B)

1. A written statement of the F;

1. Seizure records;

1. Photographs of seized articles;

1. Application of Acts and subordinate statutes to a report on investigation (investigation into situations at the time of dispatch);

1. Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, and Article 260 (1) 2 of the Criminal Act: Defendant C of Article 257 (1) of the Criminal Act: Articles 144 (1) and 136 (1) of the Criminal Act;

1. Defendant A subject to discretionary mitigation: Articles 53 and 55(1)3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Defendant A and C: Article 62(1) of the Criminal Act is below the suspended sentence.

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