beta
(영문) 수원지방법원 평택지원 2019.02.14 2018고정319

폭력행위등처벌에관한법률위반(공동폭행)

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

Defendant

A (n, 31 years old) and C (36 years old) are in old relationship, and Defendant B (n, 36 years old) is the land of Defendant A.

On October 25, 2017, at around 20:15, the Defendants found the victim C in Pyeongtaek-si parking lot, and found that the victim C was not the victim C, and the relationship between the Defendant A and the victim was corrected. Defendant B led the victim’s candles once, and Defendant A led the victim’s clothes to the victim’s part of clothes.

Ultimately, the Defendants assaulted the victim jointly.

Summary of Evidence

1. Each legal statement of witness C and F;

1. Police suspect interrogation protocol regarding C;

1. A written statement;

1. Each victim photograph, each investigation report, and internal investigation report [the defendant and his defense counsel did not use violence against the victim, and even if there was no physical contact with the victim, this constitutes self-defense. However, according to each of the above evidence, the defendant Eul's act may be acknowledged as having caused the breath of the part on the part of the victim, and the defendant A may have caused the breath of the body of the victim. In addition, in light of all circumstances, such as the cause, circumstance and situation of the occurrence of the case, the degree and contents of the assault committed by the defendant, etc., the defendants' act may be deemed to have the nature of the act as an attack beyond the limit of passive defense. The defendants' act cannot be deemed to constitute self-defense for the purpose of defending the victim's unfair attack. Accordingly, the above assertion cannot be accepted.] The application of the law.

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

1. 70,000 won for each fine to suspend the sentence;

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

1. Article 59 (1) of the Criminal Act that does not exist in the same manner as that of the suspended sentence, and the background of the crime;