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(영문) 창원지방법원 2014.07.25 2014고단568
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around 23:05 on January 13, 2014, the Defendant violated the Punishment of Violences, etc. Act (injury by collective action, deadly weapons, etc.) brought the victim the victim D (ma, 67 years of age) who is a security guard, out of the Busan Jung-gu C shopping district, to go bal, and brought the victim into the right balance of the number of treatment days by displaying the pipe (60cm in length, 20cm in diameter) which is a dangerous object without any particular reason, due to a drunk drinking.

2. On January 13, 2014, the Defendant: (a) arrested a person in the act of committing a crime under paragraph (1) and obstructed the legitimate performance of official duties of the F in relation to the arrest and escort of a flagrant offender on one occasion, taking the face of the F on one occasion during the police officer arrested him/her in the Busan Central Police Station E and police officer F, who was called up after receiving a report; and (b) moved to the patrol lane G zone.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. Application of each statute on police statements made to D and F;

1. Article 3 (1) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Articles 2 (1) and 2 (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act and Article 136 (1) of the Criminal Act (the point of obstruction of performance of official duties and the choice of imprisonment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including cases where an agreement is reached with the victim of the bodily injury);

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