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(영문) 서울동부지방법원 2015.06.03 2015고단654
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A and B shall be punished by a fine of KRW 3,000,000.

Defendant

C shall be punished by a fine of 5,000,000 won.

The defendants are the defendants.

Reasons

Punishment of the crime

1. At around 01:00 on December 30, 2014, Defendants A and B committed joint assault with the victim “G” in the main point of “G” in the Seoul Gwangjin-gu Seoul Special Metropolitan City Victim F (hereinafter 57 years old) operation. Defendant A was closely sealed the victim’s grandchildren by putting the victim’s grandchildren, and Defendant B committed joint assault by sprinking the victim’s breath by sponsing the victim’s thirth, when the victim’s business was completed today.

2. At around 01:30 on December 30, 2014, Defendant C’s obstruction of the performance of official duties: (a) the police officer under the jurisdiction of the Seoul Mine Police Station, who was dispatched after having received the report of 112 by Defendant A and B due to the above assault, assaulted Defendant A and B by committing a defect in arresting Defendant A and B as a flagrant offender; (b) the police officer under the jurisdiction of the Seoul Mine Police Station, who was in his hand, carried the son’s hand, and pushed the police officer’s back part of the police officer’s judgment at around 02:30 on the same day; and (c) assaulted the face at one time to prevent, suppress, and investigate the police officer’s crime; and (d) interfere with the legitimate performance of duties concerning public peace and order.

3. The Defendants in violation of the Punishment of Minor Offenses Act were arrested as a flagrant offender at the Haba in the police box around 02:00 on December 30, 2014, and were waiting for the investigation, and the Defendants were under the influence of alcohol, and Defendant A her frighted to the police officer “I am fright, so I am fright,” and her cellular phone used by Defendant B was frighted. Defendant B am fright to the police officer, and Defendant C am fright to the police officer, and Defendant C am frighted by very rough words and behavior at the police box, which is a public office, for the purpose of the investigation.

Summary of Evidence

1. Defendants’ respective legal statements

1. The police statement concerning F;

1. A written statement of I and J;

1. Application of the Act on the On-Site Gafs to the Act

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

A. Article 2(2) and (1)1 of the Punishment of Violences, etc. Act and Article 260 of the Criminal Act.

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