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(영문) 광주지방법원 2017.10.11 2017노2238
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. 1) The Defendant was merely trying to see the dispute between A and F and the victim G, and there is no misunderstanding of facts.

2) The Defendant’s interference with the performance of official duties was only the police officer tried to suppress A by force, and did not assault police officers.

B. The sentence of the lower court’s unfair sentencing (ten months of imprisonment, two years of suspended execution, and two hundred hours of community service order) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the lower court, such as witness F and G’s statement in each legal statement, etc. as to the joint injury, the victim G used F at E main points located in Gwangju Mine-gu around July 29, 2016, when the victim G assaulted F at E main points located in Gwangju Mine-gu around July 22:30, 2016, the victim G had the victim go beyond the victim pushed the victim by his/her finger hand hand hand, and the Defendant combined with it, when the victim's face of one fishing vessel was blue blus, re-concing the victim with the victim's face, so it can be sufficiently recognized that the victim suffered injury for about 6 weeks of medical treatment. Thus, this part of the Defendant’s assertion is without merit.

2) According to the evidence duly adopted and examined by the court below, such as witness I and J’s testimony, etc., on the obstruction of the performance of official duties, the following evidence were revealed: (a) around July 29, 2016: (b) around 22:50, the defendant sent to the Eju store located in the Gwangju Mine District; (c) notified the defendant and A of the Ha of the Hachan principle; and (d) to arrest the defendant and A as an offender in the act of assaulting against the victim Eul; (d) he displayed the Hack to the face of J on one occasion; and (e) the defendant added the Hack's chest with a slope I’s chest with his hand, and knicked the Ha’s her work clothes; and (e) gets off the Hack belt from the rear to the Hackeron; and (e) this part of the defendant’s assertion can also be sufficiently recognized.

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