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(영문) 창원지방법원 2015.05.15 2014고정1054
폭력행위등처벌에관한법률위반(공동상해)등
Text

Defendant shall be punished by a fine of KRW 1,500,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

C, D is a pro-friendly and simplified person, and Defendant A is in a de facto marital relationship with E.

On April 5, 2014, at around G 21:25, the Defendant, in front of the G cafeteria located in Seongbuk-gu, Changwon-si, Sungwon-si, Da, the Defendant against the Defendant of the victim C and D, was able to commit violence against E, with the face of the above C and D, was tightly tightly tightly, pushedly, pushedly, fasted with the face of the Defendant, and the Defendant was able to take the face of the above D with the hand saw by walking the part of the said D once.

As a result, the Defendant, in collaboration with E, committed a crime of assaulting the victim C, committed a crime of assaulting the victim C.

(Evidence) According to the evidence, it can be acknowledged that the Defendant’s act of flabing the flab of the victim C had the nature of an attack rather than a mere defensive act to defend an unjust attack. Thus, the Defendant and his defense counsel’s assertion on the premise that the above act constitutes legitimate self-defense to defend the present illegal attack cannot be accepted).

1. Partial statement of the defendant;

1. Each legal statement of witness C and D;

1. Part of the statement of a witness H in the third protocol of trial;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate (D);

1. Relevant Article 2 (2) and (1) 3 of the Act on the Punishment of Violences, etc. of Specific Crimes, Article 2 (2) and (1) 3 of the same Act, Article 257 (1) of the Criminal Act (the point of joint injury), Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act (the point of joint violence), the selection of each fine;

2. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

4. Article 334 (1) of the Criminal Procedure Act.

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