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(영문) 대구지방법원 2013.09.11 2013고정383
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. On July 16, 2012, around 03:45, a violation of the Punishment of Violences, etc. Act (joint violence) (hereinafter “Joint Violence”), on the ground that the victim D (the age of 50) boarded in the course of boarding the E-si located in Daegu Suwon-gu, Daegu-gu, in the course of getting on the back seat and then the Defendant was trying to board, and the victim started to board the cab, the Defendant was able to have the victim go on one time by hand, and the F was knife by hand on the right part of the victim.

As a result, the defendant committed violence against the victim jointly with F.

2. During the time and time like paragraph (1) of the obstruction of the performance of official duties, and on the ground that the He was called up after receiving a report from D at the place, the guard I belonging to the H District District, and the Assistant J sent up on the ground that he was only the horses of the above D, the Defendant expressed to the above I “I”, and the Defendant took a bath that “I will do so immediately,” and the Defendant was sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually sexually

Accordingly, the Defendant conspired with F and thereby interfered with the legitimate execution of duties by police officers concerning the maintenance of public order.

Summary of Evidence

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

1. Some police interrogation protocol regarding F;

1. Each police statement made to D, J and I;

1. Application of Acts and subordinate statutes of D;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the same Act, Article 260 (1) of the Criminal Act, Articles 136 (1) and 30 of the Criminal Act, the selection of fines;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The order of provisional payment;

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