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(영문) 서울중앙지방법원 2019.02.13 2018고정1889

폭력행위등처벌에관한법률위반(공동폭행)

Text

Defendants shall be punished by a fine of KRW 2,000,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

1. From October 23, 2017 to around 11:00 on the same day, the Defendants were allowed to enter the construction site from victim D and E while they attempted to enter the construction site of multi-household houses newly constructed in Seoul, Gangnam-gu, Seoul, with the victim D (52 years of age), and E (52 years of age).

Defendant

B, on the ground that the victim D was prevented from entering the construction site, the victim D exceeded the body size of the victim D, and continued to catch the victim D’s ebbbial and sponsed the victim D and sustained the victim D by drinking.

Defendant B continued to enter the construction site with the guard company’s staff, and then the victim D set the internal entrance, set the flaps of the victim D, set the flaps, and cut the arms. Defendant A combined with this, flaps of the victim D and flapsed over the floor, and flapsed up the flaps of the victim D, and then fladd the blaps of the victim D.

Then, Defendant A was pushed the victim D with a wall, dried up with flaps, and dried up with flaps, and the victim D again dried the internal entrance of the victim D with flaps and head flaps over the floor.

Accordingly, the Defendants jointly committed violence to the victim.

2. Defendant B, at the date, time, and place specified in paragraph 1, set the victim E’s arms and rear trees, and committed assault against the victim on the ground that the victim E obstructed internal entrances.

Summary of Evidence

1. Each police interrogation protocol of a police officer against D, E, or G;

1. Each CD reproduction content Defendants and defense counsel asserted that the Defendants’ act constitutes legitimate act for exercising the legitimate right of retention on the building in question, and constitutes legitimate act or self-defense to prevent the victims from exercising unjust physical power. However, in light of the circumstances and process of assault by the Defendants, known by the evidence of the judgment, etc., the Defendants’ act constitutes legitimate act.