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(영문) 서울남부지방법원 2013.05.27 2013고정382

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendant

A A A shall be punished by a fine of KRW 500,000,000,00,000,00

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

At around 00:10 on November 24, 2012, the Defendants, on the street in front of Guro-gu Seoul Metropolitan Government, and on the grounds that the victims E (Nam and 45 years old) did not pay a trial expenses to the Defendants who are punished by taxi engineers and vaga, and gets on and off another taxi, Defendant A used a breath of the victim’s breath, and Defendant B assaulted the victim jointly by drinking at the time of the victim’s head.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of witness F;

1. Some statements made by the Defendants in each police interrogation protocol

1. Application of Acts and subordinate statutes on police statement to E;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act (Selection of Fine)

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

1. The Defendants of the Provisional Payment Order: the Defendants’ determination as to the Defendants’ assertion under Article 334(1) of the Criminal Procedure Act is deemed to have done an act of self-defense or a legitimate act, since they were the victims first of all, and thus, they were flabing in order to defend them, or flabing the face to the victim’s speech that they were flabing with the victim. However, according to the evidence as seen above, the Defendants A asserted that the act of self-defense or a legitimate act constituted self-defense. However, the Defendants A and B first flabing the victim’s flab while flab with the victim and flabing the victim’s flab, and Defendant B can recognize the fact that they were flabing the victim’