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(영문) 서울남부지방법원 2017.11.16 2016고정2931
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of KRW 1,500,000.

Defendant

If A does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

A around June 29, 2016, around 23:10 on the 29th day of Gangseo-gu Seoul Metropolitan Government, for the reason that he gets faced with the victim E (5 years of age) in the front side of the victim E (5 years of age), A used the victim as vision with the victim, and assaulted the victim by putting the victim's chest over the floor by driving the victim's body boom with the second hand.

Summary of Evidence

1. Legal statement of witness G;

1. Part concerning G's statement in the second public trial record;

1. Part of the oral statement of E in the third public trial protocol;

1. Protocol concerning the interrogation of suspects of E;

1. Statement made to G in relation to the police;

1. Application of the photographic Acts and subordinate statutes;

1. Relevant Article 260 of the Criminal Act concerning the facts constituting an offense, Article 260 (1) of the Criminal Act selection of punishment, and selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Defendant A’s defense counsel’s assertion as to the assertion of defense counsel under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order Act asserts that the above Defendant’s defense counsel’s act, such as having the victim E act by satisfing fats, etc. of the above Defendant’s fat at the defense level, which led the victim’s birth at one time from the defense level, constitutes a

According to G’s statement among the witness G’s legal statement and the second trial protocol, even though the breath victim was unable to properly hold his body, the above defendant’s act can be acknowledged as having been pushedly and opened for two times. Thus, it is reasonable to view that the above defendant’s act was against the victim rather than to protect the victim from an unfair act of the victim. Thus, it cannot be viewed as a legitimate defense, and it cannot be viewed as a justifiable act because it does not meet the requirements such as reasonableness, urgency, supplement, etc. of the method. Thus, the above argument is rejected.

Parts of innocence

1. The summary of the violation of the Punishment of Violences, etc. (joint assault) against Defendant A is the victim E, as described in the judgment of Defendant A, and the defendant B goes beyond the limit of Defendant B.

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