Text
Defendant
A and B shall be punished by a fine of KRW 1,000,000, and by a fine of KRW 3,000,000, respectively.
The Defendants respectively.
Reasons
Punishment of the crime
1. 피고인 A, 피고인 B 피고인들은 2014. 4. 20. 03:15경 수원시 팔달구 매산로1가 41-6 앞에서, 피해자 D(21세, 남)이 ‘무슨 일 있느냐’고 물었다는 이유로, 피고인 A는 피해자에게 ‘왜 쳐다봐, 너 이새끼 이리 와 봐, 내가 잘못한 것 있냐’ 라고 욕설을 하면서 주먹으로 피해자의 얼굴 부분을 1회 때리고, 피고인 B는 피해자의 멱살을 잡아 넘어뜨리고 발로 피해자의 다리 부분을 1회 찼다.
In this way, the Defendants assaulted the victim jointly.
2. While Defendant C was trying to catch D’s ebbbage at the time and place specified in paragraph (1), the victim F, a police officer belonging to the Suwon Police Station E District, who was dispatched upon receipt of a report, was subject to restraint, and was pushed down with the victim F’s arms by hand.
In this way, the defendant interfered with the legitimate execution of duties of the victim, who is a police official, and at the same time, inflicted an injury on the victim, such as a shoulder dump, which requires approximately seven days of medical treatment.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each police statement made to D or F;
1. Each photograph;
1. Application of Acts and subordinate statutes of the injury diagnosis certificate;
1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) C of the Criminal Act: Article 136 (1) of the Criminal Act and Article 257 (1) of the Criminal Act concerning the crime;
1. Defendant C with ordinary concurrence: Articles 40 and 50 of the Criminal Act;
1. Defendants who choose to impose punishment: Each selective fine
1. Defendants to be detained in the workhouse: Articles 70 and 69(2) of the former Criminal Act (Amended by Act No. 12575, May 14, 2014)
1. Defendants of the provisional payment order: The grounds for sentencing under Article 334(1) of the Criminal Procedure Act recognize each of the Defendants’ mistake, the fact that each of the instant crimes did not impose any damage, and the Defendants’ criminal records.