beta
(영문) 의정부지방법원 2015.09.03 2015고정584

폭행

Text

1. Defendant A, B, C, and D shall be punished by a fine of 500,000 won, and Defendant E shall be punished by a fine of 300,000 won.

2. The above defendants.

Reasons

Punishment of the crime

1. Defendant B, C, D, Defendant B, Defendant C, Defendant D, and Defendant E conspired on August 28, 2014, and demanded a large amount of conversation on the grounds that they did not pay the apartment construction cost, and Defendant B and Defendant D continued to drive the victim, and Defendant C and Defendant E interfered with the victim’s business by force for about 25 minutes, such as by preventing the victim from leaving the victim out of the part of the door by preventing the victim from leaving the door.

2. Defendant A assaulted the victim by blocking the victim C(39 years of age) from the time and place as referred to in the preceding paragraph, thereby blocking the victim’s breath.

Summary of Evidence

[Defendant B, C, D, E]

1. A’s legal statement;

1. CCTV images (Defendant A);

1. Application of the Act on the Legal Statement of Witness C

1. Relevant legal provisions pertaining to criminal facts B, C, D, and E: Defendant A under Article 314(1) of the Criminal Act (elective of fines): Article 260(1) of the Criminal Act (elective of fines);

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

1. Determination as to Defendant A’s assertion under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order

1. The defendant A asserts that the investigative agency had expressed his/her intention not to punish the defendant A at the police box on the day of the instant case that C and D expressed his/her intention not to punish the defendant A.

However, according to the records, it is recognized that the Defendants were defective in the days in which they did not drink, and it is difficult to view that CD’s intent not to punish the Defendants was expressed in a clear and reliable manner against the investigative agency.

(See Court Decision 2001Do1809 delivered on June 15, 2001)

2. The defendant A did not assault C, and even if not, he did not do so, he was a passive resistance and is a legitimate act as stipulated in Article 20 of the Criminal Act.