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(영문) 수원지방법원 평택지원 2015.11.05 2015고단1366
폭행
Text

Defendant

A shall be punished by a fine of 300,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. On August 29, 2015, Defendant A, at around 23:05, assaulted the victim’s head on two occasions with the floor of hand by making up the victim’s head two times, while demanding the victim to pay his/her debt to the victim D (at around 53 years old).

2. Defendant B

A. The Defendant committed obstruction of performance of official duties, upon receiving a report on assault by A at the date, time, and place specified in paragraph (1) of this Article, sent by the police officer F of the Gyeonggi-gu Police Station E District E District, and the police officer’s legitimate performance of duties on the maintenance of public order and handling of 112 reports, who viewed that he voluntarily act on the 11th of the patrol police station G while on the 11st of the patrol police station, and who tried to open a door to the back seat of the patrol police officer and to inflict any danger and injury on A, and resisted by the police officer G from the police officer G, and obstructed the police officer’s legitimate performance of duties.

B. In the date, time, and place mentioned in Paragraph 1, the Defendant took care of the victim G, who is a police officer, to be subject to harm to A, as seen above, and the police officer and people, and openly insulting the victim by taking care of the victim G, who is a police officer, as “cass and sick,” and insulting him.

Summary of Evidence

1. Defendants’ respective legal statements

1. Protocol of the police statement concerning G;

1. Written statements of D;

1. Photographs of damaged parts;

1. Application of Acts and subordinate statutes governing the parts of damage;

1. Relevant legal provisions and the choice of sentence against the crime A: Article 260(1) of the Criminal Act; Article 136(1) of the Criminal Act; Article 31 of the Criminal Act; Article 31 of the Criminal Act; and Article 260(1)

1. Defendant B from among concurrent crimes: former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Defendant A at a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant B: Article 62 (1) of the Criminal Act;

1. Defendant A of the provisional payment order: Defendant A of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: In light of the fact that there is no criminal record of a fine or heavier, and the robbery of assault, etc., Defendant B has no criminal record of a fine or heavier, and caused the instant crime.

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