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(영문) 울산지방법원 2015.04.01 2014고단3892
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of KRW 3,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

1. On October 3, 2014, at around 23:00, the Defendant jointly committed a joint assault with C, while drinking alcohol at “E” points located in Ulsan-gu, Ulsan-gu, U.S., and the service of the above main points is not attributable to mind, and the Defendant intending to take the two main disease on the floor so that the shoulderer and the victim F (35 years of age) who is the business owner of the above main points are able to take this and the Defendant intending to take the shouldered disease.

At this time, the defendant was faced with the chest of the victim's chest with his mother and her hair, and C committed assaulting the victim's neck on two occasions with his left hand.

2. On October 3, 2014, around 23:35, the Defendant: (a) arrested a flagrant offender on the grounds of the foregoing paragraph (1) and moved the same to a H box of the Ulsan-nam Police Station located in Ulsan-gu G; (b) was returned from the police officer affiliated with the said police box to the I’s driver’s license; (c) “I’s license was sent to the Defendant, who was sent to the said police box, “I’t have a view to opening the camping, and the schip identification card, but rather has a view to “I’s kne, knee, kne,” while taking a bath.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers in handling violent incidents.

Summary of Evidence

1. Defendant's legal statement;

1. Part of protocol concerning the examination of suspect C by the police;

1. Statement of each police statement made to F and I;

1. Written Statement;

1. A photograph of the victim;

1. Application of Acts and subordinate statutes to report on investigation (limited to attachment of photographs of a suspect who assaults a police officer);

1. Article 2 (2) and (1) 1 of the relevant Act on the Punishment of Violences, etc. against Criminal Crimes; Article 260 (1) of the Criminal Act; Article 136 (1) of the Criminal Act;

1. Selection of an alternative fine (the provision that does not want the punishment of a defendant under an agreement with the victim of the assault, the provision that there is no particular criminal punishment power except for the punishment punishable by a fine of one million won or less due to violence for not more than ten years, and the age, character and conduct, family relationship, etc.

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

1. Article 70(1) of the Criminal Act for the detention of a workhouse.

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