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(영문) 수원지방법원 2017.06.16 2016고단6334
폭력행위등처벌에관한법률위반(공동폭행)등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant interfered with the performance of official duties and the Defendant injured on September 24, 2016 at the street in front of the “D cafeteria” located in the wife population C at Chicago-si around 01:20 on September 24, 2016, disputing the Defendant and the Defendant’s Defendant E.

With the F's report 112, when the victim H et al., who is a policeman belonging to the G District of the Dong-dong Police Station G District, were called out and tried to separate the defendant's incidental, and the situation was in order to grasp the situation by separating the situation, the victim I am the shoulder of the victim H by hand, and the knife of the knife and the knife two times by drinking, and the victim I am the knife of the knife belonging to the same knife belonging to the same knife, tried to arrest the defendant to the current offender and to take the knife in the patrol, the above victim I am kn

As a result, the defendant interfered with the police officer's legitimate execution of duties concerning the handling of reported cases and arrest of flagrant offenders, and at the same time, the victim I provided approximately two weeks of medical treatment.

2. The Defendant, on September 24, 2016, arrested a flagrant offender on the same background as paragraphs 1 and 2 of paragraphs (1) and (2) on September 24, 2016, moved to the Dong-dong Police Station G district located in the wife population at the permissible time, and when the civil petitioners, such as the above F, are heard, the Defendant: “A victim H, a police officer belonging to the said G District, who is a police officer of the said G District, should grow up anywhere this year has been raised,” “A person who is a police officer of the Republic of Korea during a low-year period of less than one year,” “A person who is a police officer of the Republic of Korea, will open or multi-police.”

(1) The victim openly insultingd the victim by “the date of death”, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to H and I by the police;

1. The president of the H’s complaint;

1. Application of Acts and subordinate statutes, such as photographs of injuries and diagnostic notes;

1. Relevant Article 311 of the Criminal Act concerning the facts constituting an offense (a point of insult), Article 136 (1) of the Criminal Act (a point of obstructing the performance of official duties), Article 257 (1) of the Criminal Act (a point of injury) and the choice of imprisonment with prison labor;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (Joint Crimes of Obstruction of and Bodily Injury to the Execution of Official Duties);

1. The former part of Article 37 of the Criminal Code, Article 38 Section 1 of the Criminal Code, which increases concurrent crimes.

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