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(영문) 청주지방법원 충주지원 2012.09.26 2011고정367
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of KRW 300,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On April 8, 2011, at around 04:30, the Defendants: (a) 04:30, on the front side of the “E” operated by Defendant A (the 34 years of age), and on the ground that the victim F (the 47 years of age) assaults Defendant A, Defendant A her hand, her hand, skes the victim’s breath, and Defendant B her face at two times, she laid the victim’s face over the floor, and she took the victim’s drinking and growth back the victim’s drinking.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. Part of the protocol concerning the interrogation of suspect against the Defendants

1. Statement of the police suspect interrogation and statement of the police concerning F;

1. A report on an occurrence;

1. Defendant A and his/her defense counsel’s assertion against Defendant A and his/her defense counsel claimed that “at the time of this case, Defendant A had the victim’s face at the time of this case, but constitutes self-defense as an act against the victim’s act of violence.”

However, in light of the background of the instant case, the form of act, the degree of damage inflicted on the Defendant A and the victim, etc., it is difficult to view the Defendant’s act as constituting self-defense by setting up against the victim’s unilateral act of violence, and thus, we cannot accept

Application of Statutes

1. The Defendants of relevant criminal facts: Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act

1. Defendants who have selected punishment: Selection of a fine for negligence (in such a case as agreed with the victim, how to commit the crime, etc.);

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

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

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