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(영문) 부산지방법원 2015.09.09 2015고단3508
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for eight months.

However, for two years from the date this judgment became final and conclusive against the Defendants.

Reasons

Punishment of the crime

1. The Defendants violated the Punishment of Violences, etc. Act (joint injury) around 22:40 on October 25, 2014, on the grounds that: (a) around 22:40 on the grounds that the Defendants were in the restaurant of “D” in Busan, the victim E (the age of 22) while drinking alcohol, and the victim complained against it; (b) Defendant A had the face, hair, etc. of the victim by drinking alcohol; (c) Defendant B had the victim’s head one time by drinking alcohol; (d) Defendant B had the victim’s face, hair, head, etc. by drinking alcohol; and (e) had the victim’s head one time by drinking alcohol; and (e) had the victim’s face, head, etc. by drinking alcohol, and inflicted injury on the victim, such as brain sat, sat, and satch

2. The Defendants engaged in the performance of official duties: (a) on the street in front of the above restaurant near the date and time set forth in Paragraph (1); (b) on the background that the police officer of the Busan Jin Police Station F District G, police officer of the Busan Jin Police Station who received a report, asked the victim E to ask the victim E for the background of damage; and (c) Defendant B attempted to see the relevant G and H’s candles by cutting down the bridge, and spathing the spath of the spath of the spath; and (d) Defendant A displayed the spath by hand the spath of the spath of the said G and H.

Accordingly, the Defendants conspired in collusion, and interfered with the legitimate performance of official duties by police officers on the handling of reported cases, by assaulting G and H as above.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the interrogation of suspects of E;

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

1. Application of Acts and subordinate statutes of a medical certificate;

1. Article 2 (2) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act (the point of joint injury), Articles 136 (1) and 30 of the Criminal Act, the choice of imprisonment for a crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Reasons for sentencing under Article 62(1) of the Criminal Act, Article 60(3) of the Juvenile Act [Scope of Recommendation]

1. Crimes of in violation of the Punishment of Violences, etc. Act: Reduction of the type of general injury (two months-1 year);

2.Each.

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