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(영문) 수원지방법원 안양지원 2015.04.09 2015고정106
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A shall be punished by a fine of KRW 1,000,000.

Defendant

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

Reasons

Punishment of the crime

(Defendant A) On September 4, 2014, around 03:40 on September 4, 2014, Defendant A: (a) during the course of questioning the victim B with his her own timber and not a person who escaped from the road in the Gu E, Defendant A: (b) 3 to 4 times the satch with a Sifash attached; (c) the victim’s head satis; (d) the satisf with a hand sat; (e) the victim’s head satisf; and (e) the face and body was calculated on several occasions on a hand by satisfing the bat; and (e) the Defendant

Accordingly, Defendant A assaulted the victim jointly with F.

Summary of Evidence

1. The suspect interrogation protocol of the police as to B;

1. The written statement prepared B (a) the application of the law to the defendant A and his defense counsel denies the fact of assault, but comprehensively taking account of the above evidence, it is recognized that the defendant A used to assault the victim jointly with F).

1. Relevant Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. of Specific Crimes, and Article 260 (1) of the Criminal Act concerning the Selection of Punishment of Violences, etc.;

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

1. Parts of the crime under Article 334 (1) of the Criminal Procedure Act (Defendant B) of the provisional payment order;

1. The summary of the facts charged was around 03:40 on September 4, 2014, Defendant B used the victim’s hair satisfe in E street, and used the victim’s hair satisfe and satfebage, and used the victim’s satfebage.

2. It is common that it is difficult to view the act of attack and defense to constitute “political act” or “self-defense” or “self-defense” by either party’s mere commission of an act of attack and defense at the same time, as the act of attack and defense occurred between persons who conduct a fighting.

However, even if the outer fighting is viewed as one of the fightings, in fact one of the parties unilaterally commits an illegal attack and the other party protects himself from such attack and goes beyond it.

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