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(영문) 서울동부지방법원 2017.11.16 2017고단2801
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 3,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendants are people in a related relationship, and victims D(37) are between Defendant A and Defendant A.

1. From May 2, 2017, the Defendants violated the Punishment of Violences, etc. Act (joint assault) committed assault against the victim, such as taking the victim’s face one time with the victim’s hand floor, and taking the victim’s face one time more than one time by putting the victim’s face in front of Gwangjin-gu Seoul Special Metropolitan City E on May 2, 2017.

Accordingly, the Defendants jointly assaulted the victim.

2. The Defendants obstructed the performance of official duties at the time and at the place specified in the preceding paragraph, and the police officers, etc. belonging to the Seoul Mine-gu Police Station F police box, who received 112 reports, listened to the Defendants by separating D from the victim of the said assault, and attempted to arrest the Defendants as the current offender, Defendant A resisted the said G while walking back one time, and Defendant B assaulted the police officer H H Ha’s spat and spat and sphering them.

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

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police statement made in relation to D, H and G;

1. Each report on investigation;

1. Application of Acts and subordinate statutes to photographs damaged;

1. Selection of a fine in excess of Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a point of joint assault) and Articles 136 (1), 30 (a), and 30 (a point of interfering with the performance of public duties) of the Criminal Act, and the selection of a fine for a crime;

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

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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