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(영문) 서울중앙지방법원 2019.04.30 2018고단4668
폭력행위등처벌에관한법률위반(공동폭행)
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Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is the security personnel of the D building in Jongno-gu Seoul Metropolitan Government, and Defendant B is the regular manager of Egyna in the second floor underground of the same building.

At around 01:30 on March 3, 2018, Defendants: (a) drive away the victim F (the 22 years of age) who is a customer in E-Sari, while engaging in a conflict with the victim F (the 22 years of age), and (b) Defendant A was tightly pushed the victim into an elevator after getting the victim's knife while getting the knife; and (c) Defendant B took part in it, Defendant B took part in it, and she took part in it on the elevator to knife the victim's face to 6th underground floor, and took part in it to knife the victim's face to knife the victim's face to 6th underground floor, and took part in it to drinking and to take part in it to knife.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. The defendant A's partial statement

1. Defendant B’s legal statement

1. Legal statement of witness F;

1. Application of the Acts and subordinate statutes on the investigation report (CCTV investigation), the E-Sa mail or the CCTV-cape;

1. Relevant Article of the Act on the Punishment of Violences, etc. and Article 2 (2) 1 of the Criminal Act and Article 260 (1) of the Criminal Act concerning the defendants who choose to commit a crime;

1. Defendants on probation: Article 62(1) of the Criminal Act;

1. The Defendants of the community service order: Article 62-2 of the Criminal Act, Article 59 of the Probation Act, and Article 59 of the Act on the part of the Defendant and his/her defense counsel are as follows: (a) the Defendant only met the Defendant’s assaulting the victim in the elevator and did not assault the victim; (b) thus, the Defendant did not jointly assault the victim.

The defendant's act is a legitimate act, because it is a security personnel's act to prevent the victim from escape, and the illegality is excluded as a legitimate act.

Judgment

Whether or not the defendant assaults the victim jointly with the above defendant.

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