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(영문) 수원지방법원 안양지원 2013.05.01 2013고정201
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant shall be punished by a fine of 200,000 won.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 10, 2012, around 05:40 minutes, the Defendant got off the victim D (the age of 40) and E in front of the Manan-gu, Manan-gu, Annyang-si, Annyang-gu, Annyang-gu, Annan-gu, E with his hand, carried out the bridge of the victim D, and carried out the bridge of the victim F (the age of 41). On September 10, 2012, the Defendant turned down the victim D's will over the floor.

Accordingly, the defendant and E assaulted victims jointly.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes of each police interrogation protocol against D, F, and E;

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Judgment on the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act

1. The defendant's act of claiming is dismissed as a legitimate act that does not go against the social norms.

2. The acts of attack and defense are continuously cross-sectioned between the persons who conduct fighting each other, and the acts of attack and defense are also in the nature of both areas where the acts of attack and defense are conducted at the same time, so it cannot be deemed that either party's acts are legitimate acts for defense or self-defense by causing only one party's acts;

(see, e.g., Supreme Court Decision 99Do3377, Oct. 12, 199). Defendant’s act is beyond the passive defense as a means of resistance to protect himself from the assault of the victims and escape therefrom, and the Defendant’s act does not constitute a justifiable act.

The defense counsel's assertion is not accepted.

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