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(영문) 서울서부지방법원 2014.09.02 2014고정1331

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fine, the Defendants did not pay the fine.

Reasons

Punishment of the crime

On December 15, 2013, at the fourth E parking lot of Yongsan-gu Seoul Metropolitan Government, the Defendants jointly carried out a vision with the victim F and G on the following grounds: (a) around 17:30 on December 15, 2013; (b) Defendant A sold the victim F's face to drink; and (c) Defendant A also carried out an injury that requires 21 days of treatment, such as strokeed stroke, strokeed stroke, and strokeed stroke.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol concerning F and G;

1. The police statement of H;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. for Criminal Crimes, and Article 257 (1) of the Criminal Act;

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

1. Defendant B and his defense counsel’s assertion regarding the assertion of Defendant B and his defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. At the time, Defendant B and the defense counsel asserted that the above Defendant’s act constitutes self-defense or legitimate act, as it was inevitably occurred in the course of passive defense to prevent the victim from assaulting Defendant B first.

Unless there are special circumstances such as: (a) an ordinary act of attack and defense has been committed between the two fighting parties; and (b) at the same time the act of attack and defense has been committed; and (c) the two areas of attack, which are the act of attack. Thus, even if the two fightings appear to be conducted, the act of attack and defense cannot be deemed as a legitimate act for defense or self-defense by either party only, barring special circumstances such as (i) the party unilaterally committed an unlawful attack and (ii) the other party exercised force as a means of resistance to protect himself/herself from such attack and to escape therefrom.

Supreme Court Decision 201. 201