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(영문) 서울남부지방법원 2015.11.20 2015고단3033
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of one thousand won,00,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. 피고인들의 폭력행위등처벌에관한법률위반(공동폭행) 피고인들은 2015. 6. 20. 19:50경 서울 양천구 D에 있는 'E약국' 앞길에서, 대리운전을 부른 후 차량 안에서 대리기사를 기다리고 있던 중 길거리에 서 있던 피해자 F(56세)의 일행인 G과 눈이 마주치자 "X발, 뭘 봐, 대가리에 피도 안 마른 놈들이 멀 쳐다보냐, X발 놈들 죽여 버린다."라며 욕설을 하였다.

Therefore, when the victim resists the Defendants against the abusive theory, the Defendants expressed the victim’s bath, and the Defendant A took once a part of the victim’s face, and the Defendant B marks the victim’s flaps.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant A’s obstruction of the performance of official duties refers to the defect that Defendant A was arrested the Defendant as a flagrant offender and attempted to board the Defendant for the patrol vehicle at the time, at the same time, at the same place as the preceding paragraph, and at the same time, at the time, and at the same time and place, the said Defendant A sent to the said Defendant F at the time and on 112 report, and that Defendant A tried to take the Defendant on the part of the police station of the Seoul Gangseo-gu Police Station as a flagrant offender, and at the same time

Accordingly, the above defendant interfered with the legitimate execution of duties concerning the arrest of a police officer.

Summary of Evidence

1. Each legal statement of witness G, F, and I;

1. Application of Acts and subordinate statutes to written statements and photographs of damaged parts;

1. Relevant Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault), Article 136(1) of the Criminal Act, Article 26(2) and (1)1 of the Criminal Act, Article 2(2)1 of the Punishment of Violences, etc. Act, Article 2(1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 260(2)1 of the Criminal Act,

1. Defendant A from among concurrent crimes: the former part of Article 37, Articles 38 (1) 2 and 50 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: Article 62(1) of the Criminal Act;

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