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(영문) 수원지방법원 2014.05.15 2013고단5410
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
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Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment became final and conclusive, the defendant shall be respectively.

Reasons

Punishment of the crime

1. 피고인 A 피고인은 2013. 9. 15. 15:15경 수원시 권선구 D에 있는 E편의점 앞 노상에서 피해자 B(35세)와 술을 마시던 중 말다툼을 하게 되어 그 곳에 있던 위험한 물건인 플라스틱 의자로 피해자의 어깨를 내리치고 몸통부위를 발로 걷어찼다.

In this respect, the defendant carried dangerous objects and assaulted the victim.

2. Defendant B, at the same time and place as above, set the shoulder of the victim A (the age of 46) who had set up against the victim as set forth in the foregoing paragraph (1) and was in danger of setting up against the victim.

In this respect, the defendant carried dangerous objects and assaulted the victim.

Summary of Evidence

[Defendant A]

1. Defendant's legal statement;

1. A suspect interrogation protocol concerning B by the prosecution;

1. Investigation report (Evidence No. 5) / [Defendant B]

1. The defendant's partial statement in the first protocol of trial;

1. A’s legal statement;

1. Application of Acts and subordinate statutes to investigation reports (Evidence List 5);

1. Articles 3 (1) and 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act concerning the punishment of a crime;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (Article 55 (1) 3 of the same Act (Article 53 and Article 55 (1) 3 of the same Act (Article 53 and Article 55 (1) 3 of the same Act shall

1. Defendants and Defendant B’s defense counsel’s assertion on the grounds for discretionary mitigation under Article 62(1) of the Criminal Code of the Suspension of Execution on the grounds of the Defendants and Defendant B’s assertion that the Defendants’ act constitutes self-defense for the purpose of escaping from the other party’s assault. However, in light of the situation at the time of the crime, the circumstances of the crime, the circumstances of the crime, the means and method of the crime, etc., the Defendants’ act cannot be deemed as unlawful as self-defense. Thus,

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