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(영문) 수원지방법원 안양지원 2017.01.13 2016고정549

폭력행위등처벌에관한법률위반(공동상해)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 18, 2016, the Defendant assaulted the Victim D by putting the Defendant’s head on back and 47 years old. When setting the Defendant’s head on the bags of the Defendant’s knife, knife the Defendant’s knife and knife the Defendant’s knife and knife the Defendant’s knife and knife the Defendant’s head, knife the Defendant’s knife and knife the Defendant’s head, knife the Defendant’s head, and knife the Defendant’s head, knife the Defendant’s head, knife the Defendant’s head, and knife the Defendant’s head.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. Application of CCTV-related Acts and subordinate statutes;

1. Relevant provisions of the Criminal Act and Article 260 (1) of the Criminal Act concerning the selection of punishment for a crime (elective of a punishment);

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The defendant and his defense counsel asserted that the defendant's act constitutes a legitimate defense or a legitimate act, since they received an attack first from the victims and defended them.

However, in light of the content and progress of the assault between the Defendant and the victims, which can be recognized by the evidence duly examined by the court, the Defendant’s act constitutes an active attack rather than merely a defense act to protect himself/herself from an unlawful attack by the other party, and the means and method are not reasonable. Thus, it cannot be deemed as a legitimate defense or a legitimate act.

Therefore, we cannot accept the above argument of the defendant and defense counsel.