beta
(영문) 서울남부지방법원 2016.11.24 2015고정2177

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendants shall be punished by a fine of KRW 1,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

The Defendants are the members of the so-called “interlateral mother” of the F church in Yangcheon-gu Seoul Metropolitan Government, and the F church is divided into the members of the “interlateral mother” and the “non-Subrogation (Emergency Countermeasure Committee)”, and there is a conflict between the Defendants over the internal issues of the church.

On December 21, 2014, around 17:00, the Defendants, at the entrance of the 3rd floor of the Fridge, arbitrarily removed the flock card posted on the side of the “Bluri” on the 3rd floor, on the ground that he arbitrarily removed the flock card posted on the side of the “Bluri” from the “non-Subrogation” side, including the victim G(54 years old).

The Defendants followed the horses from the victim “I am to see whether the instant card is important as much as possible to stop towing,” and Defendant C led the victim’s belbow and shoulder, Defendant B was pushed the victim with his bel and shoulder, and Defendant A led the victim’s arms and burine.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Testimony of witness G;

1. Defendant C and A asserted that the act described in paragraph (1) of their criminal facts constitutes a justifiable act. However, according to the evidence as seen earlier, the above act is deemed to constitute an assault to the extent that it violates social norms beyond the mere intent to complete a hostile situation, and thus, it cannot be accepted. Defendant B asserted that the act described in paragraph (1) of his criminal facts constitutes excessive defense. However, according to the evidence as seen earlier, it is difficult to view the above act as an attack against the victim, and it is difficult to view it as an act of excessive defense. Thus, the above assertion cannot be accepted on a different premise.

1. The Defendants of the pertinent Article of the Punishment of Violences, etc. Act and the selection of punishment for the crime: January 6, 2016.