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(영문) 인천지방법원 2018.06.28 2018고단2805
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of 50,000 won and by imprisonment of 4 months for each of the defendants B.

Defendant

A does not pay the above fine.

Reasons

Punishment of the crime

1. Defendant A and B’s joint crimes are de facto marital relations, and the victim C (V, 42 years old) is Defendant B and the workplace partner.

On November 11, 2017, the Defendants: (a) 21:10 on November 11, 2017, on the grounds that the injured person in front of the E burial in the Nam-gu Incheon Metropolitan City, was recklessly against Defendant B, Defendant A her hand, her hand, flicked the victim’s head head, her hand, her hand, and pushed the victim’s head, her hand, and then Defendant B was pushed the victim’s her hand and pushed the victim’s her wall.

As a result, the Defendants jointly inflicted injury on the victim in the course of the victim, such as a multi-mediate scopic scopic scopic scopic scopical scops

2. Defendant B, upon receiving a report from 112 on the date, time, place, etc. described in paragraph (1) and having reported that “masts and women are frighted,” the Defendant attempted to get the said G to go to the said C. Defendant was satisfing the Defendant who was frighting to go to the said C, and satisfing the Defendant who was frighting to go to the players, and carried the bat at his hand and pushed down the chest part of G with his hand.

Accordingly, the defendant interfered with legitimate execution of duties concerning investigation and suppression of police officers' crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the interrogation of suspect C by the police;

1. Statement of the police statement related to G;

1. A written diagnosis of injury;

1. A list of damaged photographs, photographs, work logs, and reported case handling;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. Relevant legal provisions concerning criminal facts;

A. Defendant A: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act, and Article 257(1) of the Criminal Act, the selection of a fine (the first offender, although not agreed with the victim, and the second offender, and the second offender against his/her mistake, etc.)

B. Defendant B: Article 2(2)3 of the Punishment of Violences, etc. Act, Article 257(1) of the Criminal Act (the point of joint injury) and Article 136(1) of the Criminal Act (the point of obstructing the performance of official duties) and each choice of imprisonment with prison labor

1. Defendant B who aggravated concurrent crimes: the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act.

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