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(영문) 창원지방법원 2017.03.29 2016고단4547
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendants shall be punished by imprisonment for one year.

However, the above judgment against the Defendants for two years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Around December 1, 2016, the Defendants violated the Punishment of Violences, etc. Act (joint assault) demanded the victim D (the victim D (the victim 44 years of age) who is the head of the singing room to leave the singing room president. However, as the victims refused it, Defendant A refused it, Defendant A took the victim’s face by drinking the victim’s face, by hand and scaming the victim’s body by going beyond the floor, Defendant B took the victim’s body by going beyond the floor. Defendant B took the victim’s body by hand and scam, and Defendant B took the victim’s body beyond the floor, and followed the victim’s body by going beyond the floor, etc., the victim took around two weeks of medical treatment.

Accordingly, the Defendants jointly inflicted an injury on the victim.

2. The Defendants who interfered with the performance of official duties were assaulted by the police officers, who belong to the police station, by asking the Defendants about their personal information by asking them about their personal information at the time and place described in the above paragraph 1, and by asking them at the police officers, who were dispatched to the site after receiving a report of 112 that the Defendants committed the crimes as referred to in the above paragraph 1, including Defendant B’s physical body at his arms, Defendant A was pushed back with the E’s body at one time, Defendant A was pushed back, and Defendant A was at the time of their head e in his arms.

Accordingly, the Defendants conspired and interfered with the legitimate execution of duties of police officers in relation to the prevention, suppression, investigation, etc. of crimes.

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of Acts and subordinate statutes on police statements made to D and E;

1. Relevant Article of the Act on the Punishment of Violences, etc., Article 2 (2) 3 of the Act on the Punishment of Violences, etc., Article 257 (1) of the Criminal Act, Articles 136 (1) and 30 of the Criminal Act, and imprisonment with prison labor;

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

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The sentencing of Article 62-2 of the Criminal Code of the community service order is due (common) that interferes with the execution of official duties by adding the basic aggravation of the reduction of the classification of the type of crime No. 1 (Interference with the performance of official duties) to August.

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