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(영문) 인천지방법원 2014.09.19 2014고정1268
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 03:10 on January 17, 2014, the Defendant and C performed drinking, such as the victim E (the age of 40) at the D apartment management office in Nam-gu Incheon Metropolitan City (hereinafter referred to as the “Co-injury”) and directed the victim about the victim’s usual behavior. B, C collected an empty cattle disease at that place, thereby gathering the victim’s head, thereby making the victim’s head one time, and the Defendant carried out a “ew and vis-vis-vis” that requires approximately three weeks of medical treatment.

2. On January 17, 2014, at around 03:50, the Defendant: (a) received a report of assaulting E at the place specified in paragraph (1); and (b) received a report of assaulting E as stipulated in paragraph (1); and (c) was arrested from G, etc. affiliated with the F District of the Incheon Southern-dong Police Station, the Defendant obstructed the police officer’s lawful arrest of flagrant offenders, such as threatening the said G as being flue in drinking, making the said G’s breast part at one time as blue.

Summary of Evidence

1. Each legal statement of witness G, E, and C;

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

1. A photo of the damaged part;

1. Application of Acts and subordinate statutes of the written diagnosis of injury to E;

1. Article 2(2) and (1)3 of the relevant Act on the Punishment of Violences, etc., Article 2(1)3 of the Criminal Act, Article 257(1) of the Criminal Act (the point of joint injury), Article 136(1) of the Criminal Act (the point of obstruction of performance of official duties), and Article 136(1) of the Criminal Act, and each selective defendant and defense counsel argued that the defendant's selective defendant did not constitute a crime of self-defense or legitimate act since he was required by the police officer to cause the police officer to blue his fingers due to disregarding himself, but the defendant's act of self-defense or legitimate act was committed. However, according to the evidence duly adopted and investigated by the court, G, a police officer, attempted to arrest the defendant as a flagrant offender, as stated in paragraph (1) of the above G.

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