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(영문) 광주지방법원 2017.09.01 2017고단3014
폭력행위등처벌에관한법률위반(공동폭행)등
Text

1. Defendant A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for eight months;

2.Provided, That this judgment shall not apply.

Reasons

Punishment of the crime

1. On April 7, 2017, the Defendants jointly committed the crime: (a) around 23:20 on April 7, 2017, at the F cafeteria operated by Gwangju Mine-gu, the Victim D (V, 48 years old) and the Victim E (V, 54 years old); (b) on the part of the victim D and female employees, the Defendants rejected it.

Accordingly, the defendants were able to take a bath about the victim E with the defect of the request made by the victim E. The defendant A was able to catch the victim E’s breath, cut over the floor, cut the body, cut off the victim’s body. The defendant B also spabling and pushed down the victim E’s blath.

Accordingly, the Defendants jointly assaulted victims D and E.

2. Defendant A was punished for the said E in the date, time, and place described in paragraph 1, and the said E in line with the left part of the Victim G (V, 22 years old) in the said restaurant.

Accordingly, Defendant A assaulted Victim G.

3. Defendant B, at the time and place described in paragraph 1, and at the same time and place, filed a report by Defendant B, and the circumstances leading up to the GH district of the Gwangju Mine Police Station, who called out after being reported by 112, resisted the Defendant to arrest the Defendant for committing an offense described in paragraph 1 of the same Article, and Defendant B’s error at the Defendant B’s office, caused the above I’s second instance part at once.

As a result, Defendant B interfered with the legitimate execution of duties by police officers on suppression of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement protocol with respect to G, E, and D, and police statement protocol with respect to I (Interference with the execution of public duties);

1. Written statements of J and K;

1. Application of Acts and subordinate statutes to on-site photographs, photographs of damage, investigation reports (Attachment of Assault photographs);

1. Relevant Article of the Act and the choice of punishment for the crime;

A. Defendant A: Article 2(2)1 of the Punishment of Violences, etc. Act, Article 260(1) of the Criminal Act (the point of joint assault) and Article 260(1) of the Criminal Act (the point of joint assault) and each choice of imprisonment with prison labor

B. Defendant B: Article 2(2) of the Punishment of Violences, etc. Act.

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