폭력행위등처벌에관한법률위반(공동상해)
Defendant shall be punished by a fine of KRW 700,000.
Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.
Punishment of the crime
On December 21, 2017, C, the Defendant’s one-way of the Defendant, was at the Esing room located in Ssing room in Ansan-si, Annsan-si, whose face is three times more than that of the victim, and the victim F (41 years of age) who was next to C, was at the time of the dispute, and was at the time of the dispute. The victim’s f (41 years of age), the victim’s chest was pushed the victim’s chest, was charged with the drafting of the finger, the victim’s finger was tight, the part was 1, and the part was inside the victim’s finger, and the Defendant was tightly sealed at the victim’s face by drinking. G, the Defendant’s head and hand, who was the Defendant’s one-way, was pushed the victim’s chest.
The Defendant, in collaboration with C and G as above, inflicted injury on both sides, such as salt dynasium, which requires approximately three weeks of treatment.
Summary of Evidence
1. Partial statement of the defendant;
1. A protocol concerning the interrogation of each police suspect against the accused;
1. A protocol concerning the interrogation of each police suspect against F or C;
1. Investigation report (CCTV analysis);
1. The defendant asserts that the defendant's act constitutes a legitimate defense in order to prevent additional assault of the victim, although it is consistent with the victim's use of violence as stated in the facts charged.
However, according to the evidence mentioned above, the defendant could be found to have committed an attack with the victim as a result of a mutual vision with the victim and the victim's body fighting. The defendant committed an attack with the victim first, and the defendant did the above attack against the victim.
Even if it is reasonable to see that this is an act of defense as well as an act of attack, and therefore, it cannot be deemed a legitimate defense (see Supreme Court Decision 2000Do228, Mar. 28, 2000, etc.). Therefore, the above assertion by the defendant is not accepted) applying the law.
1. Relevant Article 2 (2) 3 of the Punishment of Violences, etc. Act concerning criminal facts, Article 2 of the same Act concerning the selection of punishment, Article 257 (1) of the Criminal Act, selection of a fine, and selection of a fine;
1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.