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(영문) 서울중앙지방법원 2014.07.17 2013고정5797
폭행
Text

Defendants shall be punished by a fine of KRW 500,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendant

A is the G representative director, and the defendant B has worked as an employee of the above company.

1. On September 17, 2013, around 15:30 on September 17, 2013, Defendant A assaulted the victim on the ground that the victim had recorded the conversations with the mobile phone because of the fact that the victim had recorded the contents of the conversation with the mobile phone in late payment with the victim in the middle office of the H building in Gangnam-gu Seoul, Seoul, and the wage problem with the victim B, Defendant A used the victim as his hand in order to take the Handphone in his possession, and boom the victim’s knick, and damaged the victim beyond the knish floor

2. Defendant B, at the time and place indicated in the above Paragraph (1) above, destroyed the victim by setting up against the violence of the victim A for the said reasons, pushed the victim’s breath, pushed the blue, pushed the victim’s blue with blue, and blue with the part of the victim’s left blue with the part of the victim’s blue, and put about about about 14 days in salt and tension to the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A’s legal statement (as to the defendant B), which is made by the witness

1. Protocol of examination of the witness in relation to B of this court (for the defendant A),

1. Protocol concerning the interrogation of each of the Defendants

1. Application of the Acts and subordinate statutes to the injured person B

1. Article relevant to the facts constituting an offense and the selection of punishment;

(a) Defendant A: Article 260(1) of the Criminal Act (Selection of Fine)

B. Defendant B: Article 257(1) of the Criminal Act (Selection of Fine)

1. The defendants in custody in the workhouse asserts that the defendants and the defense counsel asserted that the acts of self-defense or legitimate act in order to oppose the violence of the defendants are legitimate in the determination of each argument of the defendants and their defense counsel under Articles 70(1) and 69(2) of the Criminal Code.

In full view of the methods and degree of each of the above evidences, the degree of damage inflicted on the injured party who is the accused, the situation at the time, etc., each of the Defendants’ violence includes the intent of active attack beyond passive defense.

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