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(영문) 대구지방법원 2014.04.09 2013고정2848

폭력행위등처벌에관한법률위반(공동상해)

Text

A defendant shall be punished by a fine of 500,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C On October 1, 2013, at around 22:40, when drinking alcohol in the E-Packing car located in Daegu Northern-gu D, the victim F (the 51-year-old age) taken the victim's face three times in drinking, on the ground that the victim F (the 51-year-old age-) has properly adhered to the cigarette and is bad to the container, and the victim's booms off the victim's neck by drinking on three occasions on the ground that the breath of the container is bad, and the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the body of the victim.

As a result, the defendant jointly with C, caused approximately 14 days of medical treatment to the victim.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Legal statement of witness F;

1. Protocol concerning the examination of each police suspect against the accused and C;

1. Statement of the police statement concerning F;

1. The written statement of the defendant;

1. A criminal investigation report (victim F telephone communications report);

1. Application of Acts and subordinate statutes of a report on site departure and a written diagnosis of bodily injury in the case of violence;

1. Article 2 (2) and Article 2 (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 27 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, the selection of fines;

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

1. The defendant and his defense counsel's assertion on the claim of the defendant and defense counsel under Article 334 (1) of the Criminal Procedure Act of the provisional payment order asserts that the defendant's disposal of the victim's neck is a legitimate act that does not violate the social rules, in an urgent situation where the defendant's assault against the victim by hand was committed against the victim C and remove C and the victim.

The term "act that does not violate social rules" as stipulated in Article 20 of the Criminal Act refers to the act that can be accepted in light of the overall spirit of the legal order or the social ethics or social norms surrounding it, and any act is justified that does not violate social rules, and the illegality is excluded.