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(영문) 서울중앙지방법원 2014.02.06 2013고단1513
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

C. D. Each fine of KRW 5,000,000, KRW 6,000, KRW 000, KRW 700,000, KRW 700,000, KRW 20.

Reasons

Punishment of the crime

1. From October 9, 2012, around 07:50 on October 9, 2012, Defendant C, D, E, D, and E, the victim A (the age of 26), B (the age of 29) and B (the age of 29) were sent to the water of the entertainment establishments located in the above hotel and came to be a mutually visible vision.

이에 피고인 C은 피해자 A, B의 얼굴 등을 주먹과 발로 수회 때리고 발로 차고, 피고인 D은 가세하여 주먹으로 피해자들의 얼굴 등을 수회 때리고, 피고인 E은 가세하여 피해자 B의 얼굴 등을 수회 때리고 발로 찼다.

As a result, the Defendants jointly committed an injury to the victim A, such as the pelle, closed, the right opening, and the right opening of the victim B, which require approximately 8 weeks of treatment.

2. The defendant A and B set up against the above date, time, place, and the victim C (27 years of age), D (30 years of age), E (34 years of age), and the victim B were able to drink. The defendant B reported the victims.

Accordingly, the Defendants jointly committed violence to the victims.

Summary of Evidence

[Defendant C, D, E]

1. Each legal statement of the defendant C, D, and E;

1. Partial statement of L;

1. A protocol concerning the examination of some police officers against the defendant A and B;

1. Each written diagnosis (Evidence 12, 13);

1. The photograph of the parts of photograph of the victim (the defendant A and B);

1. The defendant A and B's legal statements

1. Each legal statement of the defendant C, D, and E (the statement as a witness);

1. Determination on the major issues of the damaged parts of the photographic photo

1. Defendant A, B, and the defense counsel’s assertion is the whole part of the people to prevent the occurrence of an incurable victim, and did not exercise the tangible power.

Defendant

B’s act cannot be punished as constituting a legitimate act or self-defense.

Defendant

Since the conduct of B is not illegal, the defendant A cannot be punished by a joint assault.

2. The Board;

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