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(영문) 인천지방법원 2016.05.25 2015노3376
폭력행위등처벌에관한법률위반(공동상해)
Text

1. All appeals by Defendants A and C are dismissed.

2. Defendant B, among the judgment of the court of first instance, against the Defendant.

Reasons

1. Summary of grounds for appeal;

A. 1) 1 of the first instance judgment [Violation of the Punishment of Violences, etc. by the Defendants (Joint Bodily Injury)] was committed in the course of preventing the victimized person from attempting to proceed with a written agreement owned by the Defendants without the consent, and it is not constituted a crime because the victimized person did not have intention to do so, or constitutes a lawful act or legitimate defense.

2) The lower judgment of the second instance (Violation of the Labor Standards Act by Defendant B) is not an employee who has provided labor for the purpose of wages in E medical consumer life cooperatives E convalescent, and the Defendant is merely a representative of the above convalescent. B. The lower judgment’s punishment (one million won) against Defendant B of the lower court, which was unfair in sentencing (the lower court’s judgment of the second instance judgment), is too unreasonable.

2. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding Defendant A and C’s assertion, i.e., the victim includes Defendant B in the investigative agency and the lower court’s court.

When referring to the Defendants in paragraph (2) below, it is deemed that Defendant B, other than Defendant A and C, is included.

In full view of the following: (a) the Defendants’ act constitutes an active attack beyond the scope recognized in light of the background of the above crime, degree of injury to the victim, etc.; and (b) the Defendants’ act cannot be deemed as constituting a justifiable act or a legitimate defense, inasmuch as the said Defendants’ act constitutes an affirmative attack beyond the scope recognized in light of social norms in order to prevent unfair infringement on their body; and (c) the aforementioned Defendants’ act cannot be deemed as constituting a legitimate act or a legitimate defense. In full view of the following, it is sufficient to find the Defendants guilty of this part of the charges.

Therefore, the judgment of the court below is justified, and the defendants' above assertion is without merit.

3. Defendant B-.

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