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(영문) 의정부지방법원 2012.09.06 2012고정1729
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of 300,000 won, and by a fine of 80,000 won.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

From 14:00 to 16:51 on July 22, 2011, the Defendants, at the E office located in Yangju-si, the victim F (ma, 51 years of age) and the food waste transportation cost, and the Defendant A, by hand, ske the victim’s breath, and Defendant B, in combination with this, dumped off the victim’s head, and assaulted the victim jointly by several times.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement of the Investigation of Suspect against the Defendants (including the cross-examination)

1. Statement of the police statement concerning F;

1. Application of the Acts and subordinate statutes to witnesses, statements, copies of H;

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act concerning the relevant criminal facts, each of the choice of punishment, and Article 260 (1) of the Criminal Act;

1. As to the Defendant A’s assertion under Articles 70 and 69(2) of the Criminal Act, the Defendant A asserted that the act constitutes self-defense as a passive act to defend the victim’s unfair infringement. However, in light of the developments and method of the assault in this case, and the part and degree of the assault, which is acknowledged by the evidence of the judgment, the above assertion cannot be deemed as legitimate self-defense merely because the act as stated in the Defendant’s facts charged is a passive act. Thus, the above assertion is rejected.

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