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(영문) 서울서부지방법원 2016.11.11 2016고정325
폭력행위등처벌에관한법률위반(공동폭행)
Text

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

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

Around 21:58 on November 30, 2015, the Defendant and C were in dispute with the victim E on the Mapo-gu Seoul Mapo-gu D and the first floor, and the Defendant was in dispute with the victim E, and the Defendant was in dispute with the victim by pushing the victim’s breath while pushing the breath, and C breath by cutting the victim’s breath, and then the Defendant got out the victim’s bridge.

Accordingly, the defendant assaulted the victim jointly with C.

Summary of Evidence

1. Each legal statement of witness E and F;

1. Application of the video CD-related Acts and subordinate statutes

1. Article 2(2) and (1)1 of the former Punishment of Violences, etc. Act (amended by Act No. 13718, Jan. 6, 2016); Article 260(1) of the Criminal Act; selection of fines, etc.

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

1. Judgment on the Defendant’s assertion under Article 334(1) of the Criminal Procedure Act

1. The Defendant’s assertion C did not take part in the Defendant’s assault against the victim, and only the Defendant obstructed the victim’s clothes, so the Defendant’s act does not constitute a joint assault.

In addition, since the victim flabed the defendant's flab and flabed the defendant's flab, the defendant was pushed down the victim's clothes to defend it, the defendant's act constitutes self-defense.

2. Determination

A. At the time of the instant case, the victim, as stated in its reasoning, was assaulted by the Defendant and C at the time of the instant case. The victim himself also made a statement to the effect that he had committed the assault, such as breathing fat, etc. of the Defendant. The statement is more specific and consistent with the content of the assault, its circumstances before and after the assault, and credibility is credibility because it is not inconsistent with the testimony of the witness F

Meanwhile, G, which was in the place near the instant place, stated to the effect that the Defendant and C did not see the form of assaulting the victim in this court, but first, the Defendant’s own act of breath is recognized, and thereby, G’s statement is contrary to this, and G’s statement.

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