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(영문) 의정부지방법원 2016.11.24 2016고정856
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of one million won.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

1. On October 20, 2015, Defendant A and Defendant B attempted to talk about the place of use of investment funds invested by the victim I (the age of 58) in HKaren car operated by G parked in front of the F cafeteria located in Macheon-si on October 5, 2015. However, the defect that the victim refused it and attempted to go out of the said car was about to go out of the said car, and Defendant B was able to get off the said victim’s arms, and Defendant A was also also able to take off the victim’s bags.

The Defendants jointly assaulted the victim by breaking the banks that were suffering from the arms of the victim.

2. Around October 5, 2015, the Defendant voluntarily 144 Soon-ro, Taecheon-ro, the draft of the written statement was made by Defendant B due to the reasons set forth in paragraph (1) at the 144 draft-ro, Taecheon-si, 144 draft-ro, and had the victim prepare the written statement due to the victim I, and the Defendant assaulted the victim’s her her her her her her her her her her her her her her her her her her her her her her b

Summary of Evidence

1. Each of the Defendants’ respective legal statements (as of the third trial date)

1. A witness I and each legal statement in G;

1. The prosecutor's statement concerning G;

1. The defendants and the defense counsel asserts that each act recorded in the facts constituting a legitimate act.

"Acts which do not violate social rules" under Article 20 of the Criminal Code refers to acts which can be accepted in light of the overall spirit of legal order, or the social ethics or social norms, as well as the legitimate acts that do not violate social rules, and which act is justified, and thus, should be determined individually by rationally and reasonably considering the specific circumstances. Thus, in order to recognize such legitimate acts, the legitimacy of the motive or purpose of the act, the reasonableness of the means or method of the act, and the balance between the third protected interests and the infringed interests;

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