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(영문) 서울중앙지방법원 2012.12.26 2012고정5831
폭력행위등처벌에관한법률위반(공동폭행)등
Text

Defendant

A shall be punished by a fine for negligence of KRW 1,000,000, and by a fine of KRW 700,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

1. The Defendants in violation of the Punishment of Violences, etc. Act (joint assault) jointly committed with Mongolia, Mongolia (a compulsory departure from the Republic of Korea on July 4, 2012 and suspension of indictment on the same day). On June 29, 2012, the victims E (the age of 48) committed the act in front of the Dambrogate in Jung-gu Seoul, Jung-gu, Seoul, by misunderstanding that they were in dispute with them immediately, and C committed the act in favor of the victims, with the shoulder and breath of the victims, by drinking, dump of the victims, dump of the victims, and the Defendants assaulted the victims by putting the victims with their arms.

2. The Defendants conspired with the Defendants to interfere with the performance of official duties, and the Defendants interfered with the legitimate performance of duties by police officers concerning the prevention, suppression, and investigation of crimes, such as preventing the police officers from front of the above G and keeping the front of the police officers and keeping the body of the police officers in front of the above police officers, and blocking the police officers from performing their duties in relation to the prevention, suppression, and investigation of crimes, by arresting them as a flagrant offender of the obstruction of performance of official duties, by making an assault, such as making one-time faces faces face from C, one-time facing each face, during the process of identifying the circumstances of the instant case by G of the Seoul Central Police Station F District Police Station G, which was called out upon receiving a report at the time and at the place specified in the above paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Application of each police statement statute to E, G, and H;

1. The Defendants: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Articles 260 (1), 136 (1) and 30 of the Criminal Act (elective Selection of Fines) of the same Act;

1. Defendants from among concurrent crimes: the former part of Article 37, Articles 38(1)2 and 50 of the Criminal Act

1. Defendants to be detained in a workhouse: It is so decided as per Disposition on the grounds of Articles 70 and 69(2) of the Criminal Act or more.

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