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(영문) 서울중앙지방법원 2014.11.21 2014고정3548
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by a fine of KRW 500,000 and by a fine of KRW 700,000.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

On January 29, 2014, at around 05:30, the Defendants: (a) in front of the light building in the Gwanak-gu, Seoul Special Metropolitan City, the Defendant B caused vision in the process of demanding the company from the female fluore of the victim D (the age of 22) to die; (b) Defendant B took the face of the victim two times as drinking; and (c) Defendant A suffered damage to the brue of the brue that requires approximately two weeks of treatment to the victim when the victim was glue by drinking.

Accordingly, the Defendants jointly inflicted an injury on the victim.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness D;

1. The Defendants’ written statements in each police interrogation protocol

1. A report on investigation;

1. Application of Acts and subordinate statutes to D of the medical certificate of doctor E preparation;

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. The Defendants asserted that the Defendants’ defense counsel’s assertion on the assertion of defense counsel under Article 334(1) of the Criminal Procedure Act constitutes legitimate self-defense or legitimate act merely because the Defendants’ act constitutes a passive act of resistance committed in the course of or avoiding the victim’s assault or bodily injury.

Unless there are special circumstances, such as: (a) an ordinary attack and defense was conducted between persons who fight against one another; and (b) an attack and defense was conducted simultaneously; and (c) the two areas of attack, which are both acts of attack and defense, are of the nature of the two areas of attack; and (d) even if they appear to be fighting, one party unilaterally commits an unlawful attack and the other party exercised force as a means of resistance to protect himself/herself from such attack, barring special circumstances such as: (a) the other party’s act is committed.

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