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(영문) 수원지방법원 2016.05.26 2015고정3195

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant shall be punished by a fine of KRW 700,000.

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

Reasons

Punishment of the crime

On October 6, 2015, the Defendant: (a) discovered the victim E (62 years of age) coming from the death of the deceased and made the victim’s speech that he would have been able to run in the instant parking lot “D” located in C at the time of harmony around 20:50 on October 6, 2015; (b) on the ground that the Defendant reads that he would have been able to run in the instant parking lot, and that he would have been able to run in the instant parking

C. In doing so, flachi, flachi, flachising a victim’s flab with pat, flachising the victim’s head by drinking and inculbing the victim’s head by drinking and inculb, f, the Defendant’s f, a single flab, f, together with this, f, f, f, of the victim’s flachis;

In doing the bath theory, the victim was engaged in assaulting the breath and booming the breath of the victim, and assaulting the victim's face and chest with the hand floor.

Accordingly, the defendant assaulted the victim jointly with F.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements concerning F in the police interrogation protocol;

1. Each legal statement of witness E and G;

1. Statement made by the police for E;

1. G statements;

1. A photo of the damaged part;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 2(2) and Article 2(1)1 of the Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016; Act No. 13718, Jan. 6, 201); Article 260(1) of the Criminal Act; the selection of fines, etc.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. Determination as to the assertion of the defendant and his/her defense counsel under Article 186(1) of the Criminal Procedure Act

1. It was true that the Defendant used the force to the victim E as stated in the facts charged, but this constitutes a legitimate defense or legitimate act committed in the course of defending himself/herself by committing an unlawful attack, such as “the victim saw that he/she spaws, spaws, spaws, and spawnedly, and pushed the Defendant and F about about 10 times.”