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(영문) 부산지방법원 2015.10.28 2015고정2847
폭력행위등처벌에관한법률위반(공동상해)
Text

1. The Defendants shall be punished by a fine of one million won.

2. The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

Defendant

B is the director of the "E" located in Busan Jin-gu D, and the defendant A is the member of the above Amera.

On December 4, 2014, the Defendants held a one-person demonstration that, around 18:40 on the street, the victim F (the 58-year-old age) was “the victim F was a new E church, and his father was absent from the new astronomical church,” and Defendant A used his body to interfered with the victim’s body, and Defendant B was pushed down the victim’s body in both hands.

As a result, the Defendants jointly inflicted injury on the victim, such as dump, tension, etc. of bones that requires medical treatment for about two weeks.

Summary of Evidence

1. Legal statement of witness F;

1. Second police interrogation protocol against the Defendants

1. The police statement concerning F;

1. Investigation report (as to the G Statements of Witnesses);

1. A written diagnosis of injury;

1. Application of the Acts and subordinate statutes to video CDs at the time of damage;

1. Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc., and Article 2 (1) of the same Act concerning facts constituting an offense, and Article 257 (1) of the Criminal Act;

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

3. As to the Defendants’ assertion of Article 334(1) of the Criminal Procedure Act, the Defendants asserted to the effect that they had pushed the victim as stated in the facts charged, by self-defense to oppose the victim’s violence. However, according to each evidence of the judgment, the Defendants continued to keep the victim, who tried to conduct a single person’s demonstration with the scamet as stated in the facts charged from the beginning, and the fact that the victim exceeded the scam in the process, and the Defendants were sufficiently aware of the fact that the scambling of the scam and the scambling of the scam unilaterally continued even after the scam.

To the extent of passive defense as a means of resistance to protect himself or to escape from an illegal attack.

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