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(영문) 창원지방법원 2015.01.20 2014고단2912
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

1. The defendant A shall be punished by imprisonment for a year and six months, and the defendant B shall be punished by a fine of 5,00,000 won.

2. Defendant B is the above fine.

Reasons

Punishment of the crime

1. At around 00:10 on August 30, 2014, Defendant A performed drinking at E main points in the window of Changwon-si, Changwon-si, along with the victim F (25 years of age), Defendant A, without any justifiable reason, was a small-scale patient, who was a dangerous object on the table, and was in the face of the victim’s left part of the body one time, and was in the face of the victim requiring approximately three weeks of treatment.

2. Defendant B

A. On August 30, 2014, the Defendant: (a) around 00:30 on August 30, 2014, at the front parking lot in front of the above main shop, the Defendant: (b) left the part of the troke line of the victim G, which was parked there, once a week; and (c) damaged the repair cost to be KRW 832,280.

B. The Defendant’s obstruction of performance of official duties is above.

At the time and place stated in the paragraph, the police officer of the Changwon Police Station, who was dispatched after receiving 112 reports at the time and place stated in the paragraph, took a bath to the above J in order to arrest the above J as a flagrant offender, and left the uniforms of the said J in hand and tightly in hand.

Accordingly, the defendant interfered with the legitimate execution of duties by police officers on the prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to K, each J, and F;

1. A written diagnosis of injury and written estimate of damaged vehicles;

1. Application of field photographs, photographs of damaged vehicles, photographs of upper parts and photographs, and Acts and subordinate statutes;

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1)3 of the Criminal Act;

B. Defendant B: Article 136(1) of the Criminal Act (the obstruction of the performance of official duties, the choice of fines), Article 366 of the Criminal Act (the point of causing damage to property, and the choice of fines)

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

1. Defendant A for discretionary mitigation: Articles 53 and 55 (1) 3 of the Criminal Act;

1. Defendant B of detention in a workhouse: Articles 70 (1) and 69 (2) of the Criminal Act;

1. Defendant A who is subject to suspended execution: Article 62 (1) of the Criminal Act;

1. Defendant B of the provisional payment order: Article 334 of the Criminal Procedure Act.

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