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(영문) 서울남부지방법원 2014.10.28 2014고정1818
폭력행위등처벌에관한법률위반(공동폭행)
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Defendants shall be punished by a fine of KRW 700,000.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On January 1, 2014, at around 23:30 on January 23:30, 2014, Defendants entered the association to set up a church which is an opposite to the church in the second floor distribution, which is gathered by the believers belonging to the E branch of E branch of E branch of E branch of E branch of E branch of E branch of E branch of EF in Yangcheon-gu Seoul, with the second floor distribution where Defendant B gather. Defendant B gets up the left shoulder of the victim G (the age of 53) who is the opposite to the opposite party that Defendant B block it by hand, and Defendant A also gets up the left shoulder of the victim by hand and let the victim wear it below the stairs.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Legal statement of witness G;

1. Application of field photographs and video-related Acts and subordinate statutes;

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

1. The Defendants and their defense counsel asserted as to the assertion of the Defendants and their defense counsel under Article 334(1) of the Criminal Procedure Act of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of the Republic of Korea of Korea of the Republic of Korea.

Therefore, self-defense or emergency evacuation is not allowed or limited to the murdered, attempted, or leaked danger, and as seen earlier, it is recognized that the Defendants actively committed assault, such as that the Defendants got out of the stairs by cutting down the shoulder of the victim.

In light of the above contents of the Defendants’ act, the background leading up to the instant act, and the situation at the time of the Defendants’ act, the Defendants’ act does not constitute a legitimate act, self-defense, or an emergency evacuation, and thus, the Defendants’ above assertion is rejected.

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