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(영문) 서울중앙지방법원 2017.09.14 2017고정1015

폭력행위등처벌에관한법률위반(공동상해)

Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

The defendant is the victim C, D is the mother of the defendant, E is the will of D, and F is the person who is the defendant and the victim.

The Defendant, D, and E knew that they reported G(4) to the Defendant and F (4) in the Ip studio in Gangnam-gu Seoul Metropolitan Government H2, Gangnam-gu, with the knowledge of the fact that the injured person was in the above G, and thought it in writing.

On February 2, 2017, around 14:10 on February 2, 2017, the Defendant, D, and E followed the victim who prevented him from taking the above G, and the Defendant led the victim’s left part of the victim’s left part one time to drink, and D and E led the victim’s blick and body.

Accordingly, the defendant, D, and E assaulted the victim jointly.

Summary of Evidence

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

1. Statement made by the police against C;

1. C Police Statements;

1. 폭행 당시 피해자를 쵤 영한 사실

1. Results of the reproduction and viewing of video CDs;

1. Application of each police investigation reporting statute;

1. Article 2(2)1 of the Act on the Punishment of Violences, etc. against Criminal Facts, Article 2(2)1 of the Criminal Act, Article 260(1) of the Criminal Act, and the choice of fines [it may be deemed that the Defendant’s act derived from the legitimate purpose and motive of the crime. However, it cannot be deemed that the reasonableness of the means and method is recognized as an aggressive exercise of power or exercise of self-defense without taking lawful procedures or means. Thus, it does not constitute a justifiable act that does not violate social norms.

Therefore, the defendant and his defense counsel's assertion cannot be accepted.

2. A fine of one million won to be suspended;

3. Article 70(1) and Article 69(2) of the Criminal Act (100,000 won per day) of the Criminal Act to attract a workhouse.

4. Article 59(1) of the Criminal Act of the Suspension of Sentence (including the victim’s fault, etc.) provides that there are circumstances to take into account the motive and background of the crime, the primary offender, and even if the defendant is not sentenced to punishment, it does not constitute re-offending.