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(영문) 대전지방법원 2019.09.25 2019고단2202
폭력행위등처벌에관한법률위반(공동상해)등
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1. Defendant A shall be punished by imprisonment for eight months.

2. Defendant B shall be punished by a fine of two million won.

Reasons

Punishment of the crime

1. The Defendants’ co-principal (violation of the Punishment of Violences, etc. Act) was sentenced on September 27, 2017 to imprisonment with prison labor for habitual larceny, etc. at the Chuncheon District Court on September 27, 2017 and completed the execution of the sentence in the Chuncheon Prison on November 6, 2018.

On January 9, 2019, at around 01:15, the Defendants: (a) were dissatisfied with each other on the street in the front of the Osan City, and (b) the Defendant Mari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-

2. Defendant A’s crime (Obstruction of Performance of Official Duties) committed a crime at a temporary place under the foregoing paragraph (1) and at the same time, the Defendant 12 reported that “Many woman continues to live, spawned, and spawn assaulted,” and obstructed the police officer’s legitimate performance of duties concerning the handling of the reported case and the prevention, suppression, and investigation of crimes, on the ground that the police officer F, and G was prevented from stopping the Defendant.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of each police statement related to F and G;

1. Written statements of D;

1. Diagnosis report and investigation report (Submission of a victim's D injury diagnosis report);

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (verification of repeated offenses and current status of personal confinement);

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 obstruction of performance of official duties): Defendant B: Article 2 (2) 3 of the Punishment of Violences, etc. Act, Article 257 (1) of the Criminal Act, the selection of fines;

1. Defendant A: Articles 40 and 50 of the Criminal Act (Crime of Obstruction of Performance of Official Duties)

1. Defendant A who has selected the penalty: The choice of imprisonment;

1. Defendant A among repeated crimes:

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