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(영문) 대구지방법원 2019.10.01 2019고정302
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

On September 20, 2018, at around 19:15, the Defendant and B were in line with the victim E and the driver’s vehicle on the front of the D road located in Daegu-gu, Daegu-gu, Daegu-gu., the Defendant and B were in line with the victim E and the driver’s vehicle. The Defendant was in line with the victim’s clothes so that the victim may not escape.

Accordingly, the defendant assaulted the victim jointly with B.

Summary of Evidence

1. Legal statement of witness E;

1. Police suspect interrogation protocol regarding E;

1. The Defendant asserts to the effect that, among the suspect interrogation protocol of the police as to B, the part of the Defendant’s statement in the interrogation protocol of the police, the Defendant took clothes of the Defendant, but it constitutes legitimate self-defense or legitimate act as it aims to speak B and E.

E makes a statement to the effect that “Is and B, after her dancing, I would like to see himself before her, and the Defendant was pushed ahead of her body after her, and the Defendant followed her body and her was frighted.” In light of the circumstances at the time of these statements, E’s statement can be believed to have been used jointly with B, and it is difficult to view that the Defendant was frighted to b and E in order to see the dispute between B and B.

This part of self-defense or the assertion of legitimate act is rejected.

Application of Statutes

1. Article 2 (2) and (1) of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and 1 of the same Act, Article 260 (1) of the Criminal Act, the selection of fines;

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

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