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(영문) 인천지방법원 부천지원 2015.04.30 2015고단282
상해등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On November 3, 2014, the Defendant violated the Punishment of Violences, etc. Act (joint assault) jointly with C, and assaulted the victim E, F, and G face at a time when the victim E, etc. took a bath to the Defendant and C, while drinking alcohol on November 3, 2014. The Defendant assaulted the victim E and F head debt of the victim E with both hands.

2. Around 00:40 on November 3, 2014, the injured Defendant: (a) obstructed the victim H who observed the above scene of the assault; (b) led the victim to an injury, i.e., e., the victim’s face-to-face; (c) led the victim to an injury, i.e., e., the victim, who took part in the assault; and (d) took part in the victim’s face-to-face.

3. On November 3, 2014, the Defendant interfered with the performance of official duties, at around 00:50, the place specified in paragraph (1), and the policeJ, etc. belonging to the Kumi Police Station I District, dispatched after receiving 112, prevented the Defendant from assaulting the Defendant, thereby obstructing police officers from performing their official duties in regard to the handling of 112 reported cases.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police suspect interrogation protocol of E and G;

1. Each police statement made to J and H;

1. Damage photographs, each investigation report, a copy of the work log, a public official identification card, a death diagnosis report (related to the injury of the victim H), and each CD (CCTV);

1. The defendant denies some facts constituting the crime, but all of the above evidences are found guilty.

Application of Statutes

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the crime, the choice of each punishment, Article 260 of the Criminal Act, Article 257 (1) of the Criminal Act, Article 136 (1) of the Criminal Act, and the choice of imprisonment, respectively;

1. From among concurrent offenders, the Defendant was punished twice for crimes related to violence. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act has been committed.

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