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(영문) 대전지방법원 공주지원 2014.10.17 2014고정1

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendants shall be punished by a fine of KRW 2,000,000.

If the Defendants did not pay each of the above fines, 100.

Reasons

Punishment of the crime

Defendants are people who go to the nation and are going to the general public.

At around 12:30 on September 7, 2013, the Defendants found the victim E (n, 87 years of age) at the seat of Gyeongnam-do, and forced the victim to enter a church, “I am on the floor of the school. I am on the floor of the school,” and forced the victim to leave the school, and then Defendant A am on the floor of the room and am the victim with a large voice while getting off the stop in both sides of the victim, and the Defendant B am on the bridge of the victim, and assaulted the victim B by taking up the entire bridge.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Each police statement of E, G, and H;

1. Application of Acts and subordinate statutes on investigation reporting;

1. The Defendants: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the punishment of crimes;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The Defendants asserted to the effect that they did not have the intent of assault since they did not perform the missionary work for the victim, as they did not intend to do so.

"Assault" in Article 260 (1) of the Criminal Act means the exercise of physical and biological pain or force of a nature that can cause an disrecoverence to a human body, and there is no restriction on means and methods.

However, according to the evidence of the court below, the victim suffered pain at the time when the defendants got the body of the victim under the circumstance of the missionary work, etc., and rejected it, such as the defendant's "satising", and the defendant continued to make a judgment to the victim in order to achieve his own missionary purpose.