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(영문) 부산지방법원 2016.02.17 2015고정4392

폭력행위등처벌에관한법률위반(공동상해)

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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

Victims D( South, 40 years old and South, 36 years old) and Victim E(North, South, and 36 years old) are going to work after the passage of society, and the Defendants are going to work after the passage of society.

around 02:15 on May 31, 2015, the Defendants: (a) on the street in front of the “G” located in the Busan So-gu, Busan; and (b) on the ground that the Defendants, who served as a customer, had scam outside the restaurant and the victims assault the Defendants on the ground that the Defendants were scambling out of the restaurant and scambling off the body of the victim, scam the body of Defendant E, scam the body of the victim’s scam and pushed down the body of Defendant E, scambling the shape of the victim D.

As a result, the Defendants jointly carried the victim D's shoulders on the right hand and the left part of the treatment days, and caused the victim E to inflict an injury on the left hand hand hand and the tension that requires approximately three weeks of treatment.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness D and E;

1. The Defendant B and the defense counsel asserted that the act by the Defendant B was unlawful as it was to protect the victims’ unfair attack and constitutes a legitimate defense or a legitimate act. However, in light of the background leading up to the dispute between the Defendants and the victims, the order and method of assaulting the victims, and the degree of injury resulting therefrom, etc., the above Defendant’s act was conducted passive defense.

Since the above defendant and his defense counsel cannot be seen, we cannot accept the above defendant's assertion.

Application of Statutes

1. The Defendants: Articles 2(2) and 2(1)3 of the former Punishment of Violences, etc. Act (Amended by Act No. 13718, Jan. 6, 2016); and