폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment with prison labor for up to six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
At around 17:20 on December 14, 2014, the Defendant: (a) took the place in front of Kim Jong-si, around 17:20, on the ground that the victim D (the age of 56) was not in the ground in which he had been engaged; (b) took a look at the victim for the same reason; and (c) took a look at the victim for the said reason; and (d) took a bath to the victim, “I am string, carling, caring, saf, saf, dead, saf, and saf, all of which were unfased at the floor of the victim; and (d) took a dangerous object (the age of 56) in front of the bicycle mouth on which the Defendant was aboard, and assault the victim by taking advantage of the part, such as hurcon, which was a part of the victim’s right.”
Summary of Evidence
1. Witness D and each legal statement of E;
1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;
1. Statement of police statement of D or E;
1. A criminal investigation report and accompanying documents;
1. Determination as to each defendant's assertion of photographs
1. The gist of the claim is that the defendant's act constitutes self-defense inasmuch as there was only the fact that the victim was pushed down with the part such as the improvement at the level of defensive defense against the breath and violence.
2. According to the evidence revealed earlier, the defendant cited the improvement of the victim, and as the victim stimulates the defendant, the defendant's parts such as the improvement of the victim's side thereby recognizing the fact that the victim took part of the victim's side interests.
The above act of the defendant cannot be deemed as an act to protect the present unfair infringement, which is reasonable in light of social norms.
Therefore, the defendant's assertion is not accepted.
Application of Statutes
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;
1. The reason for sentencing under Article 62(1) of the Criminal Act is the suspended sentence.