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(영문) 서울서부지방법원 2015.09.11 2015고단1350
폭력행위등처벌에관한법률위반(공동폭행)등
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Defendant

A shall be punished by a fine for negligence of KRW 4,000,000, and by a fine of KRW 2,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

1. At around 00:20 on March 21, 2015, the Defendants’ co-principaled the way before the entrance of subway No. 2, the subway No. 4-ro, Gwangjin-gu, Seoul, about the river basin No. 4-ro, and Defendant B, who was aware of the victim D(the age of 25), “Chosehhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

Accordingly, the Defendants jointly assaulted the victim.

2. The Defendant, around 00:30 on March 21, 2015, around 00:30, at the vicinity of the entrance station of subway 2, the subway 4-ro, Gwangjin-gu, Seoul Special Metropolitan City, from among the citizens who are not infinite due to the criminal facts under the above paragraph (1). When the Defendant was arrested a flagrant offender from the police officer F (28 years of age) belonging to the Seoul Mine Police Station E-gu, who was called out after receiving the 112 report, the Defendant was pushed down with the shoulder of the above police officer by hand.

Accordingly, the defendant assaulted police officers to interfere with legitimate execution of official duties concerning the arrest of police officers.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to D or F;

1. Investigation report (the telephone call statement from shot person G);

1. Investigation report (CCTV-related investigation);

1. Application of CDs and caps-faging Acts and subordinate statutes;

1. Article 2(2) and (1)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act, Article 136(1) of the Criminal Act (the point of obstructing performance of official duties, the choice of fines), and Article 136(1) of the Criminal Act (the point of obstructing performance of duties, the selection of fines): 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 and the selection of fines);

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

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

1. Defendants of the provisional payment order: The Defendants’ reasons for sentencing under Article 334(1) of the Criminal Procedure Act committed their crimes.

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