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(영문) 수원지방법원 성남지원 2014.08.22 2014고단784
폭력행위등처벌에관한법률위반(공동상해)등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. Around November 21, 2013, the Defendant violated the Punishment of Violences, etc. Act (joint injury) jointly with C, and caused the victim F and Simbling paths in front of the E main points located in Gwangju-si, Gwangju-si, which led to the victim F and Simb, while walking the victim, and C got out of the victim, and the Defendant inflicted the victim the victim’s head and ship of the lost victim’s hair, etc., with the victim’s hair and ship going out of the floor, and caused the victim’s injury, such as the unexplosion of the number of treatment days.

2. The Defendant interfered with the performance of official duties by police officers H, on the ground that: (a) a slope belonging to the G District in the Gyeonggi Mine Police Station G District, which was dispatched to the site after receiving a report of 112 at the time and place specified in the above paragraph (1) above, intending to capture a defect of H to an act in the act of committing a crime; and (b) a police officer H attempted to go on the front line

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H and I;

1. Examination protocol of the accused by prosecution;

1. C and each police interrogation protocol of the accused;

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

1. A written statement of F and I;

1. Application of Acts and subordinate statutes to photographs of harming himself/herself, and parts of violence;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the Criminal Act, Article 257 (1) of the Criminal Act (the point of joint injury, the choice of imprisonment), and Article 136 (1) of the Criminal Act;

1. Of concurrent crimes, the reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act do not have been punished for the same crime as this case among concurrent crimes. However, considering the fact that the defendant was injured by the victim F and obstructed police officer's performance of official duties, the crime of this case is not less exceptionally, and the degree of injury inflicted on the victim F is not less exceptionally, and the victim F and police officer wanted to punish the defendant, the punishment shall be determined as ordered.

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