(영문) 의정부지방법원 2015.10.15 2014고정2554

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(영문) 의정부지방법원 2015.10.15 2014고정2554

폭력행위등처벌에관한법률위반(공동폭행)

Text

1. The Defendants shall be punished by a fine of KRW 700,000.

2. The Defendants did not pay the above fine.

Reasons

Punishment of the crime

On July 29, 2014, at around 00:15, the Defendants: (a) committed a dispute with the victim F (the age of 45) facing a usual driving call at the Ec call center office located in Dongbcheon-si D, 2014; (b) Defendant B, with the victim’s will, was at once, she took part in the part of the victim, etc.; and (c) Defendant A, with the victim’s head (ma) on his/her hand, took part in the front of the police officer who was called for the head (ma) with his/her hand, and assaulted the victim jointly.

Summary of Evidence

1. Each part of the defendants' statement in the court (the defendant B entered the victim's interest, and the defendant A took back the victim's back to the victim's back, and the victim's objection to the victim's back to the victim's back to the second part)

1. Legal statement of witness G, and part of witness F in legal statement;

1. The application of Acts and subordinate statutes for reporting the occurrence of violence and investigation;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the facts constituting an offense;

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

1. As to the argument of Article 334(1) of the Criminal Procedure Act, the defense counsel asserts that the illegality of Defendant A constitutes a justifiable act is excluded, since Defendant A’s fighting is not intentional but rather fighting against the victim’s objection.

Witness

According to F’s partial statement, it is recognized that the defendant intentionally committed a crime, and thus, it is not accepted the argument that it is a legitimate act.

Of the facts charged in the instant case, Defendant B’s head was fluenced by the victim’s head due to drinking, Defendant A used the victim’s hand floor for 2-3 times, and used the victim’s head due to drinking.

As shown in this part of the facts charged, there are statements in the victim's investigative agency and court and G's investigative agency.

However, there is a problem.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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