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(영문) 수원지방법원 성남지원 2017.07.12 2017고단657
폭력행위등처벌에관한법률위반(공동상해)등
Text

1. The defendant A shall be punished by imprisonment for six months;

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

Reasons

Punishment of the crime

1. 피고인 A의 폭력행위 등 처벌에 관한 법률위반( 공동 상해) 피고인은 2017. 1. 2. 02:10 경 성남시 수정구 D 앞 노상에서, 피해자 E가 피고 인의 일행에게 욕을 했다는 이유로 시비가 벌어지자, 손으로 피해자의 가슴을 수회 밀치고, 피고 인의 일행인 F는 이에 합세하여 주먹과 발로 피해자의 얼굴과 온 몸을 수회 때리고 찼다.

As a result, the Defendant, in collaboration with F, inflicted injury on the victim, such as cage cages that require approximately four weeks of medical treatment.

2. Defendant B, at the same time, at the same place as the above 1.1, and at the same time and place as the above 112 report, the victim H, the police officer belonging to the G District Police Station G District, G District Police Station G District, was heard the witness’s statements, and the victim’s public insultd the victim by openly exposing the victim’s statement with a large voice called “sals, dogbs, spaws,” being observed by many people.

3. The Defendant interfered with the execution of official duties by Defendant A, at the same time, at the same place as the above 1. Paragraph 1., and the police officer I, who was called out, tried to arrest B as a current offender in the crime of insult B in relation to the same act as described in the above 2. Paragraph B, and assaulted the above police officer by assaulting him on one occasion of the face of the police officer, with his hand, with the face of the above police officer one time, and bombling him.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made to E, H and I;

1. Each written statement of J, E,K, and I;

1. Investigation report (CCTV analysis);

1. Application of Acts and subordinate statutes to the chief of a complaint and an injury diagnosis report;

1. 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), Defendant B who has selected imprisonment: Article 311 of the Criminal Act, and selection of fines;

1. Defendant A 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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