beta
(영문) 대전지방법원 서산지원 2018.04.20 2017고정291

폭행

Text

Defendant

A shall be punished by a fine of 500,000 won, and a fine of 700,000 won, respectively.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant

A and B are non-members of the FF trade union.

A. On June 30, 2017, Defendant A: (a) around 10:00, the director-general of the organization bureau of the union as the damaged person at the office of Seosan-si G, Chungcheongnam-nam branch, and the second-story partnership office; and (b) whether the director-general of the organization forms a person responsible for the field in the mind

The act of assaulting the victim, such as flabing and pushinging the victim's flab.

B. Around July 27, 2017: (a) around 7:16, 2017, Defendant B was in violation of the Punishment of Violences, etc. Act (joint assault), and Defendant B committed joint assault against Defendant B and K, such as the victim’s flapsing, flapsing, and flapsing the victim’s flapsing, and flapsing the victim’s flapsing, and flapsing the victim’s flapsing with his hand, on the ground that the victim H distributed the printed materials disadvantageous to the non-committee branch of the Jwest.

Summary of Evidence

1. Entry of the defendant A's statement in the second trial record and part of the defendant B's statement in the second trial record;

1. Witness of H;

1. Statement made by the police with H;

1. The application of statutes to CCTV photographs of crimes and CCTV data of crimes;

1. Article 260(1) of the Criminal Act, Article 260(2)1 of the Punishment of Violences, etc. Act, Article 260(2)1 of the Criminal Act, Article 260(1) of the Criminal Act, Article 260(1) of the Criminal Act, the selection of fines;

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: Determination on the Defendants B and their defense counsel’s arguments under Article 334(1) of the Criminal Procedure Act

1. The defendant's action is derived in the course of distributing printed matters in which the victim has a different opinion among the members of the association, which is socially reasonable act or as a legitimate act, and thus does not constitute an offense.

2. On the ground that the victim distributed printed matter among the members of the association, the crime of this case is socially reasonable, or goes against social norms.