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(영문) 서울남부지방법원 2017.04.21 2016고정1269

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A shall be punished by a fine of 500,000 won.

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

Reasons

Punishment of the crime

Defendant

A around 00:50 on February 23, 2016, around “F cafeteria” located in Yeongdeungpo-gu Seoul Metropolitan Government E, the victim G (19 tax) committed assault by the victim G (19 tax) on the ground that the Defendants were lided by flids, such as fating fats of the victim.

Accordingly, the defendant assaulted the victim.

Summary of Evidence

1. Partial statement of the witness B;

1. Statement made by the witness H in the third public trial records;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to photographs of damaged parts;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting a crime and Article 260 (1) of the Criminal Act concerning the selection of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Defendant A’s assertion on the assertion of Defendant A and his defense counsel under Article 334(1) of the Criminal Procedure Act alleged that his act was to escape from the victim G’s assault and constitutes a legitimate defense or a justifiable act under the Criminal Act. However, if the Defendant’s act was to take into account the background leading up to the assault, the degree of the assault committed by the Defendant and the victim, etc., as stated in each of the above evidence, the Defendant’s act has the nature of an attack beyond the minimum degree of defense that can be recognized as a legitimate defense, and it cannot be deemed that it was a passive defense act that does not violate social norms.

Parts of innocence

1. The summary of the facts charged is at the location of the judgment at the same time and for the same reason, Defendant A was aware of the victim’s flab, and Defendant B abused the victim’s flab and flab by cutting the victim’s flab and tear.

Accordingly, the Defendants jointly assaulted the victim.

2. The only evidence that conforms to the above facts charged as to Defendant B is to include the statement corresponding thereto in the police interrogation protocol for the victim, which is consistent with the above facts charged, in light of the following circumstances acknowledged by the aforementioned evidence.