2016Gohap1280 Violation of the Punishment of Violences, etc. Act (joint injury)

[Instigious Injury to Defendant A, Violence]

Violation of the Punishment of Acts, etc. Act (joint violence), DefendantB

Act on the Punishment of Violence, etc. with Regard to Change of Crime

【Violation (Joint Violence)】

1. A;

2. B

Implied (prosecution), Kim Jae-at, and private police officers (public trial)

Attorney C, D (National Election for the Defendant)

May 15, 2017

The Defendants publish the summary of the judgment on each of the Defendants not guilty.

1. Facts charged;

A. Defendant A’s injury

On June 16, 2016, the Defendant: (a) around 11:00, at the Seocho-gu Seoul Central District Court 1701-1-1 Seoul Central District Court 522, the Defendant: (b) caused damage to cocoin in need of approximately two weeks of treatment to the victim E (the age of 61) on the mobile phone used by the Defendant on the ground that the Defendant would speak against the victim E (the age of 61) in the front corridor of the Seocho-gu Seoul Central District Court 522.

B. Violation of the Punishment of Violences, etc. Act (joint violence) by the Defendants

피고인들은 함께 위 1항 기재 일시, 장소에서 피해자 E가 위 1항 기재와 같이 맞아 주저앉자 피고인 A은 피해자의 휴대전화를 빼앗아 가고, 피고인 B은 피고인 A을 따라가면서 휴대전화를 돌려 달라고 하는 피해자를 제지하기 위해 피해자의 팔을 잡아 끌었으며, 피고인 A은 자신이 가지고 있던 피해자의 휴대전화를 피해자가 되찾게 되자 발로 피해자의 엉덩이를 찼다.

Accordingly, the Defendants jointly assaulted the victim.

2. Determination

A. Summary of the defendants and defense counsel's assertion

1) Defendant A and his defense counsel

A) As to injury

(1) Although it is recognized that the mobile phone cited by the defendant contacted the victim's body, the defendant did not cause the victim's body due to his mobile phone.

(2) The victim's coin damage does not constitute "injury" in the crime of injury, and even if not, there is no causal relationship because the defendant's act does not cause damage to the victim's coination.

(3) Even if the Defendant’s act was the victim’s bodily harm, the Defendant’s act constitutes self-defense or legitimate act, and thus, the illegality is dismissed. The Defendant’s act constitutes self-defense or legitimate act, inasmuch as the Defendant took photographs of her face without the Defendant’s consent, thereby infringing the portrait right, causing sexual humiliation, and was committed at the level of restraint.

B) As to the violation of the Punishment of Violences, etc. Act (joint violence)

(1) Although the defendant acknowledged the victim's her her her her her her her her her her her her her her her her her her her her her her her her her her her

(2) The Defendant got off the victim’s cell phone in his mind that he would delete the images stored in the victim’s cell phone. Accordingly, the victim took out his cell phone and the Defendant’s cell phone while leaving the body of the Defendant in his arms. The Defendant saw that sexual humiliation was caused in the victim’s behavior, and led to her amblance of the victim. This constitutes a defensive act to restrain the victim’s act, and thus, illegality is dismissed as it constitutes legitimate self-defense or legitimate act.

2) Defendant B and his defense counsel (as to the violation of the Punishment of Violences, etc. Act (joint violence))

The defendant found the victim's cell phone who was deprived of, and brought about the victim's cell phone in his/her hands for a clerical error, but he/she did not commit any act, such as cutting off the victim's arms, etc., and did not commit any assaulting the victim jointly with A.

(b) Results of the jury verdict (seven persons);

1) Defendant A’s injury (Article 1-1(A))

Not guilty: Seven persons (with a unanimous charge).

2) Defendant A’s assault (the fact that the injury was reduced)

Not guilty: Seven persons (with a unanimous charge).

3) Violation of the Punishment of Violences, etc. Act (joint violence) by the Defendants

(a) Innocence: Five persons;

(b) "guilty": two persons;

4) Defendant A’s assault (a violation of the Punishment of Violences, etc. Act (joint assault))

(a) Innocence: Five persons;

(b) "guilty": two persons;

5) Defendant B’s assault (the fact of reducing the number of assaults (joint violence))

(a) Innocence: Five persons;

(b) "guilty": two persons;

Conclusion

Since the facts charged against the Defendants constitute a case where there is no proof of crime, the judgment of innocence is rendered pursuant to the latter part of Article 325 of the Criminal Procedure Act and the summary of the judgment is publicly announced pursuant to Article 58(1)

The presiding judge, judge and presiding judge;

Judges Man-ho

Judges Han Han-chul