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(영문) 수원지방법원 성남지원 2015.05.21 2015고단221 (1)

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

On November 18, 2014, at around 23:40 on November 18, 2014, Defendant A and Defendant B were able to drink in F carpet in Sector E, and smoked tobacco during dialogue.

At that time, Co-defendant G had been in another seat and tried to pay attention to the act of smoking tobacco to Defendant A and B, but Defendant A and B did not appear.

As a result, G called Defendant A, B, etc., “Is without wrapping Ba,” and Defendant A, B, etc., called “Is the Simb with Co-Defendant G, H, etc., and assaulted Defendant B and H jointly with Defendant B, by putting out of the Kaf, and spacing them into a Kaf, and spacing them into the Kaf, and committing assaulting Defendant B and H by gathering the chair, putting him on the Ga and H.

Summary of Evidence

1. Each legal statement of witness G and H;

1. Each police suspect interrogation protocol against Defendant G and H

1. The victims’ respective standing photographs (G, H) [the Defendants asserted that their act in this case was not a crime as a justifiable act. However, considering the developments leading to the instant fighting, the methods and degree of the Defendants’ act, and the legal interests infringed upon G and H due to the Defendants’ act, etc., the act as described in the facts charged cannot be deemed to have satisfied the means and method of the act, the reasonableness of the means and method, the balance between the protected interests and the infringed interests, and the urgency and supplementary nature, and it is difficult to view that the Defendants’ assertion is a justifiable act corresponding to social norms (see, e.g., Supreme Court Decision 2003Do300, Sept. 26, 2003). Accordingly, the Defendants’ assertion is without merit).

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the relevant criminal facts, each of the choice of punishment, and Article 260 (1) of the Criminal Act;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;