폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
A defendant shall be punished by imprisonment for six months.
However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.
Punishment of the crime
On August 19, 2013, around 22:30 on August 22:30, 2013, the Defendant assaulted the said victim within the “F” drinking house located in the Seoul Jung-gu E 2nd floor, and was assaulted by the victim A, who was a dangerous object on the table.
Summary of Evidence
1. Defendant's legal statement;
1. Statement A of a witness in the third protocol of trial;
1. The defendant and his defense counsel asserted against the defendant and the defendant in the police interrogation protocol and his defense counsel. The defendant's crime of this case first asserted that the crime of this case constitutes self-defense or excessive defense, since the defendant's act of defending the victim's body while exercising violence.
In a case where it is reasonable to deem that the perpetrator’s act was at first carried out with one another’s intent to attack the victim’s unjust attack rather than with a view to defending the victim’s unjust attack, and that the act was committed against it, the act was at the same time an act of attack, and thus, it cannot be deemed as self-defense or excessive defense, since it has the nature of an act of attack at the same time.
(2) In light of the circumstances, means, and methods before and after the commission of the instant crime, which are acknowledged by the evidence as seen earlier, etc., it is reasonable to view that the Defendant’s act of making the victim’s head head head head head part of the instant crime due to a major soldier beyond the limit of the victim’s passive defense against an unjust attack and has the nature of an attack as an affirmative attack beyond the limit of the victim’s defense. Thus, it cannot be deemed that the Defendant’s act constitutes self-defense or excessive defense.
Therefore, we cannot accept the above argument of the defendant and his defense counsel.
Application of Statutes
1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act concerning the crime concerned, Article 260 (1) of the Criminal Act;
1. Discretionary mitigation Criminal Act;