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(영문) 서울북부지방법원 2015.10.02 2014고정2689
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant shall be punished by a fine of one million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 2, 2014, at around 03:50, the Defendant and C met with “E” located in Gangnam-gu Seoul Metropolitan Government D, where C had a dispute with the victim F(33 years of age) who she had drinking in the next seat, and had the said victim’s face at his/her employee’s request, and the Defendant took the face of the victim’s own G (47 years of age) up to one time by drinking the victim’s face, and then she took the face of the said victim’s face by drinking the victim’s own G (47 years of age) up to one time, and she took the face of the victim’s her face, and she took the her f’s f’s f’s f’s f’s f’s bage, and went beyond the floor when drinking and drinking.

Accordingly, the defendant assaulted victims jointly with C.

Summary of Evidence

1. Each legal statement of the witness H and G;

1. Examination protocol of police officer concerning F (first time);

1. A protocol of suspect examination of G police officers;

1. Application of the police statement law to H

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 1 of the same Act, Article 260 (1) of the Criminal Act, the selection of fines

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

1. The defense counsel in determining the assertion of self-defense under Article 334(1) of the Criminal Procedure Act regarding the provisional payment order. At the time of the instant case, G used the Defendant to defend himself/herself from the above assault, such as putting him/her head debt, and following the Defendant’s act of defense to protect himself/herself, and the Defendant’s act constitutes self-defense. However, in light of the background and content of the Defendant’s act in the facts constituting a crime acknowledged by the evidence of the judgment, it cannot be deemed that the Defendant’s act constitutes a case where there are reasonable grounds for defending

Therefore, the above argument is not accepted.

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