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(영문) 서울중앙지방법원 2019.07.25 2019고정1134
폭행
Text

Defendant

A shall be punished by a fine of 50,000 won, by a fine of 300,000 won, and by a fine of 300,000 won, respectively.

Reasons

Punishment of the crime

Defendants and victims D (year 51) are the believers of the F church in Gangnam-gu Seoul Metropolitan Government E, and the Defendants are the believerss opposing G pastors, and the victims are in conflict with each other in support of G pastors.

1. Defendant A, at around 11:00 on January 13, 2019, assaulted the victim by cutting down the back of the clothes of the victim who prevented him from departing from G pastors, from the stairs going up to the second floor of the FIE, at around 11:00.

2. Defendant B assaulted the victim by putting the clothes of the victim, who had opposed to G pastors at the time and place set forth in paragraph (1).

3. At the time and place set forth in paragraph 1, Defendant C assaulted the victim by cutting down the back of the clothes of the victim, who kept the victim of G wood at the time and place set forth in paragraph 1.

Summary of Evidence

1. Defendants’ respective legal statements

1. Statement made to D by the police;

1. Application of the video CD-related Acts and subordinate statutes

1. The pertinent Article on criminal facts and the Defendants’ choice of punishment: Article 260(1) of the Criminal Act [The Defendants and their defense counsel acknowledged the elements of criminal facts in the judgment, but the Defendants’ act is a justifiable act that does not go against social norms. However, considering the following: (a) the developments and process of the instant case; (b) the relationship between the Defendants and the victims; and (c) the Defendants’ form and circumstances at the time of the act expressed in the CD screen, it is difficult to view that the Defendants’ act constitutes a justifiable act prescribed in Article 20 of the Criminal Act, which requires legitimacy of motive or purpose; (d) the means and method; (e) the reasonableness of means and method; (e) the balance between the benefits of protection and the benefits of infringement; and (e)

1. Defendants in the custody of a 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

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