logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 천안지원 2015.11.12 2015고정875
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendants shall be punished by a fine of KRW 500,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

At around 06:00 on April 3, 2015, the Defendants jointly inflicted injury on the part of the victim, in the course of cutting down the arms of the victim and drawing up the victim, on the ground that the victim E (the age of 60) did not inform the identity of the victim at the first floor of the center of the D Hospital in Yanan-gu, Seoul Special Metropolitan City.

Summary of Evidence

1. Each legal statement of the Defendants (as of the second trial date)

1. Statement of the police statement regarding E;

1. Each description of the investigation report (Submission of a report, diagnosis report, etc.), recording recording, and report;

1. Entry into an investigation report ( CCTV images at the time of the incident) and the application of video-related Acts and subordinate statutes;

1. Relevant Article 2 (2) and (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act concerning the defendants who choose to commit a crime;

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: the Defendants and the defense counsel asserted that the Defendants’ assertion on the assertion of the Defendants and the defense counsel under Article 334(1) of the Criminal Procedure Act constituted the minimum act necessary to prevent the victims from disclosing their identity.

“Act which does not contravene social norms” under Article 20 of the Criminal Act refers to an act permissible in light of the overall spirit of legal order or the social ethics or social norms surrounding it. Thus, in order for a certain act to constitute a justifiable act, the requirements such as legitimacy of the motive or purpose of the act, reasonableness of the means or method of the act, balance between the protected legal interest and the protected legal interest and the protected legal interest of the infringement law, urgency, and supplement that there is no other means or method other than the act.

(see, e.g., Supreme Court Decision 2004Do8530, Feb. 25, 2005). The Defendants’ respective legal statements, E’s police statements, and each police officer against the Defendants.

arrow