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(영문) 대전지방법원 2013.11.21 2013고정1619
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant

A A shall be punished by a fine of 700,000 won, by a fine of 200,000 won, and by a fine of 300,000 won, respectively.

Reasons

Punishment of the crime

On April 29, 2013, at around 10:10 on April 29, 2013, the Defendants replaced the 2nd parking management office underground of the Seo-gu Daejeon building, the victim F (39 years of age) entered the said office to restrain it, and the victim F (39 years of age) was able to stop it, and Defendant B and C got the victim out of the parking management office, thereby getting the victim out of the parking management office.

Accordingly, the Defendants jointly committed violence to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Partial statement of witness G;

1. A written statement;

1. Application of CCTV Acts and subordinate statutes;

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

1. Articles 70 and 69 (2) of the Criminal Act for detention in a workhouse;

1. The Defendants and the defense counsel asserted on the assertion of the Defendant and the defense counsel under Article 334(1) of the Criminal Procedure Act, respectively, of the provisional payment order, asserts that the Defendants’ act is a legitimate act or self-defense that the victim’s selling of the victim was inevitable by interfering with his/her business and that it does not violate social rules.

In full view of the above evidence, the defendants jointly committed assault against the victim as stated in the facts of the crime. Since it is reasonable to view the defendants' act as an act due to the victim's intent of attack, it cannot be viewed as self-defense. Further, it is difficult to find that the defendants' act was an act due to the victim's intent of attack, and it does not constitute legitimate act such as reasonableness of the method, etc. even in the case of exercising force against the body of others like the defendants.

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