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(영문) 수원지방법원 안산지원 2016.07.21 2016고단1892
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 15:30 on April 17, 2016, the Defendant violated the Punishment of Violences, etc. Act (joint assault) was in line with D, a workplace club, etc. at the C cafeteria parking lot located in Songpa-gu Seoul, Songpa-gu, Seoul, and was in line with the victim E (43 years) who took away the vehicle from the bed parking lot, and took a bath, and took a breath of the victim’s face.

Accordingly, the defendant, while taking a bath, took the face of the victim in arms, and took the face of the victim in drinking.

Accordingly, the defendant committed violence to the victim jointly with D.

2. On April 17, 2016, at around 15:55, the Defendant interfered with the performance of official duties, and around 112, G, a patrolman belonging to the F District of the Song-gu Police Station in Song-gu, Song-gu, who was called for, having received a report of 112 width at the place indicated in paragraph (1) at around 15:5 on April 17, 2016, pushed down the chest part of the above G with a defect in order to restrain the Defendant, and continuing to restrain himself/herself, H, a patrolman belonging to the said District.

“Absing to be “,” and committing assault by hand, such as booming H’s chest part by hand.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers on the handling of reports.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement in each protocol concerning the examination of suspect of the police against D or E;

1. Application of the law to the statements made by the police in each police statement to H, G, I, J, and K;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (a point of joint assault) and Article 136 (1) of the Criminal Act concerning a crime (a point of obstructing the performance of official duties)

1. Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (limited to cases where a person interferes with the execution of official duties);

1. Selection of each selective fine for punishment - The fact that a person who has suffered a breadth does not have the punishment of a defendant, the fact that it appears to be an contingent crime, and there is no record of crime other than a fine, and the attitude of reflecting it is presented;

1. The former part of Article 37 of the Criminal Code, and Article 38.

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