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(영문) 대전지방법원 논산지원 2015.10.02 2015고단169
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for not more than ten 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. On December 16, 2014, at around 23:25, the Defendant destroyed the repair cost to the extent equivalent to KRW 40,000, by destroying the repair cost, while the Defendant brought about a dispute with the victim D in Asia-si, Eurter F, which was operated by the victim D, with the above Maurter’s staff, and thereby damaging its utility.

2. On December 16, 2014, G and 23:45, the Defendant: (a) arrested the victim I (37 years of age) of the police officer affiliated with the Asan Police Station, who received a report, as a flagrant offender committing the crime of obstruction of performance of official duties, and arrested J as a flagrant offender committing the crime of obstruction of performance of official duties; (b) arrested the victim’s chest by hand; (c) pushed the police officer affiliated with the same police box; (d) pushed the victim’s chest; and (e) carried the victim’s face by drinking together with it, the Defendant carried the victim’s knife into the floor; and (e) divided the victim’s body above the victim’s body into the floor.

As a result, in collusion with G, the Defendant interfered with the legitimate execution of duties by police officers concerning the arrest of flagrant offenders, and at the same time, the Defendant inflicted bodily injury on both sides, kneeing, standing, etc. requiring medical treatment for about 14 days.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. An interrogation protocol of police officers against J or G;

1. The police statement of I and D;

1. A statement prepared by the F and K;

1. Work log, injury diagnosis report, and photographic data;

1. Application of Acts and subordinate statutes to investigative reports (CCTV analysis) prepared by the police and CCTV analysis photographs accompanied thereby;

1. Article 36 of the relevant Criminal Act, Article 366 of the Criminal Act, Article 136 (1) and Article 30 of the Criminal Act, Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) of the Criminal Act concerning the crime;

2. Articles 40 and 50 of the Criminal Code of the Commercial Concurrent Crimes (the crimes of obstruction of the performance of official duties and the violation of the Punishment of Violences, etc. Act (the inter-injury crimes) shall be more severe.

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