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(영문) 서울서부지방법원 2014.05.01 2014고정660
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant

A shall be punished by a fine of KRW 2,500,00 and by a fine of KRW 2,00,000, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A and Defendant B are the son, the victim C(21) is the main guest, and the victim D(46) is the victim as the E District Police Officer.

1. On October 18, 2013, the Defendant: (a) around 01:50 on October 18, 2013, at the street store located in Mapo-gu Seoul Metropolitan Government F, the Defendant sent the victim C, who was a next customer, to the female guest, the victim C, who was a next customer, was able to see that the Defendant would be frightencing; (b) said the victim’s face would be frightencing to the female guest, and assaulted the victim’s face to three times in drinking.

As a result of such violence, the victim C was on the right side, the right side side side, and the non-coin side for about 14 days to the right side.

2. The Defendants violated the obstruction of performance of official duties and the Punishment of Violences, etc. Act (joint injury) by Defendant A in the E-district located in Mapo-gu Seoul Metropolitan Government H on October 18, 2013.

Defendant B, who was arrested as a flagrant offender in the air of the investigation, was arrested at the same district, called “the victim’s slope D (the age of 46)” and called “the victim’s slope D (the age of 46) to catch and investigate a person who is not a crime,” and was tightly sealed, and Defendant A received the face of the above D so far as possible.

As a result, the Defendants jointly interfered with the legitimate execution of duties of D, a police officer, and at the same time put the victim D in a peltous requiring approximately three weeks of medical treatment.

Summary of Evidence

1. Defendants’ respective legal statements

1. Police suspect interrogation protocol regarding C;

1. Each police statement made to D or I;

1. Application of Acts and subordinate statutes to a medical certificate of injury and an investigation report (Attachment to a medical certificate for the submission of victim D);

1. Article applicable to criminal facts;

A. Defendant A: Article 257(1) of the Criminal Act (the point of injury), Article 2(2) and 2(1)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Articles 136(1) and 30 of the Criminal Act (the point of obstruction of performance of official duties).

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