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(영문) 서울남부지방법원 2017.10.25 2017고정1288
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of 500,000 won, and a fine of 500,000 won, respectively.

The above fines are imposed by the Defendants.

Reasons

Punishment of the crime

Defendants are the parties of the C church, and victims D (37 tax, remaining) are the members of the same church.

Defendant

A around February 5, 2017, around 16:30 on February 5, 2017, the victim D and the office passwords in Gangseo-gu Seoul Metropolitan Government E and 1st floor office were in dispute, and the victim's b was flick after the victim's blick, and the defendant B was pushed back after the victim's blick.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Statement made by the police against D;

1. Application of CD-related Acts and subordinate statutes

1. The Defendants of the relevant Act on the Punishment of Violences, etc.: Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act (the choice of a punishment).

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: Article 334(1) of the Criminal Procedure Act

1. Defendants bearing the costs of lawsuit: The Defendants and the defense counsel's assertion on the assertion of the Defendants and the defense counsel under Article 186 (1) of the Criminal Procedure Act demanded the victim to use the church office together with the church office; however, the victim demanded the victim to leave the church office, and the victim has exercised the minimum tangible power to produce the damaged person to the church office without any choice to the victim's refusal. Thus, the defendants' act constitutes a legitimate act that does not violate the social rules. However, considering the background and method leading up to the violence committed by the defendants recognized by the records, the defendants' act cannot be deemed to constitute a justifiable act that does not go against the social rules, and this part of the assertion is without merit.

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