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Defendant
A shall be punished by a fine of 300,000 won.
Defendant
If A does not pay the above fine, KRW 100,000.
Reasons
Punishment of the crime
Defendants and victims D are the believers of the “F church” in Gwanak-gu in Seoul Special Metropolitan City, and there is a dispute on the grounds that the Defendants and victims are supporting the members of the F church at present.
On August 21, 2013, the Defendants: (a) around 19:34, 2013, on the FIE distribution, on the ground that the Defendants interfered with the snow view of the G pastor supported by the Defendants; (b) Defendant B, who was on the platform, got off the arms of the victims on the platform; and (c) Defendant A, who gets out of the lower part of the victim’s back end, shicked the victim, and then pushed the victim to another place.
As a result, the Defendants jointly carried out multi-lateral ties and examinations that require approximately two weeks of treatment to the victims.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each legal statement of witness D and H;
1. A written diagnosis of injury;
1. The Defendants’ defense counsel’s defense counsel’s assertion on the CD submitted by the complainant (No. 43-45 of the investigation record) asserts to the effect that the Defendants’ act constitutes self-defense. As such, in order to establish self-defense as stipulated under Article 21 of the Criminal Act, the Defendants’ defense act should be socially reasonable, taking into account all specific circumstances, such as the type and degree of legal interests infringed by the act of infringement, method of infringement, and the type and degree of legal interests to be infringed by the act of defense.
(2) In light of the aforementioned legal principles, the Defendants’ act is difficult to be deemed socially reasonable, and thus, the aforementioned assertion is rejected, in light of the following circumstances: (a) the type and degree of legal interests infringed upon by the victim’s pro rata conduct, the method of infringement, and the type and degree of the legal interests infringed upon by the Defendants’ act to restrain the victim; and (b) the type and degree of the legal interests infringed upon by the Defendants’ act to restrain the victim.
Application of Statutes
1. Criminal facts;