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(영문) 수원지방법원 안양지원 2018.05.10 2017고정783
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

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

Defendant

If A does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 17, 2017, the Defendants jointly 22:20, at the Mayang-gu Felra parking lot in Ansan-si, Annyang-si, Syang-si, in which the victims H (W, 64 years old) who observed the scene of the dispute with G, the resident representative due to the loan management expense, and the Defendant A spite the above Part of G with the victim's face and spit the victim's face once, and the Defendant B spited the victim's face on one hand, and the Defendant B satdddd the victim's arms on one hand and sat down the victim's hand.

As a result, the Defendants jointly put about approximately two weeks of treatment to the victims, such as snow booms and snow booms around the snow.

Summary of Evidence

1. Part of the Defendants’ legal statements

1. Legal statement of the witness H;

1. A protocol concerning the examination of the suspect of each police officer with regard to H;

1. A written diagnosis of injury;

1. In the investigation report (investigation into CCTV around the place of occurrence), and the defense counsel's assertion on related video CDs, the defense counsel asserts that the act of the defendant B's judgment was to fighting and to protect the defendant A on the part of his husband and constitutes a justifiable act because it does not violate social norms. In light of the situation before and after the time of the instant case and the contents of the defendant's act, etc., it is reasonable that the defendant's act was proper to the method or method, or there is no other

It is difficult to see that illegality is excluded as a legitimate act that does not violate social norms.

Therefore, the defense counsel's above assertion is not accepted.

Application of Statutes

1. The Defendants of the relevant Act on the Punishment of Violences, etc.: Article 2 (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act (elective selection of punishment).

1. Defendant B to suspend the sentence: Fines of 200,000 won;

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) (one hundred thousand won per day) of the Criminal Act;

1. Defendant B of suspended sentence: Defendant A with the reason of sentencing under Article 59(1) of the Criminal Act; the content of the crime and the situation before and after the crime.

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