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(영문) 서울중앙지방법원 2013.05.23 2013고단1578
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by a fine of 400,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

1. Defendant A around 09:40 on February 28, 2013, and around 09:40 on the 9th day of Gangnam-gu Seoul, Seoul E’s main point, for the reason that the victim B (son, 32 years of age) found the above main point and demanded the victim to complete the payment of the credit amount, the Defendant her face with the hand floor of 4-5 times the victim’s face, and the beer balance in the table is 4-5 times the victim’s seat, and the victim she followed the victim’s hand in the process of preventing the victim from her loss.

As a result, the Defendant inflicted an injury on the victim, who is a dangerous thing, such as the right side and the heart of the water in need of treatment for about two weeks.

2. Defendant B, at the time and place specified in paragraph (1), had the victim’s face walked from the victim A (n, 34 years of age) to walk the victim’s face, and had the victim walked about two weeks of treatment. Defendant B, at the same time and place, had the victim’s face.

Summary of Evidence

1. Defendants’ legal statement

1. Statement of suspect interrogation (including F, G, G, testimony of Defendant B and G is admissible as evidence against Defendant A, and the statement of Defendant A and F is admissible as evidence against Defendant B) 1 and H police statement against the Defendants

1. Application of each injury diagnosis certificate, documentary evidence photographing statute;

1. Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act, and Article 257 (1) 2 of the Criminal Act: Selection of a fine, Article 257 (1) of the Criminal Act, and Article 257 (1) of the same Act;

1. Mitigation (Defendant A) Articles 53 and 55 (1) 3 of the Criminal Act;

1. Articles 70 and 69(2) of the Criminal Act;

1. Judgment on the assertion of Defendant B’s defense counsel under Article 62(1) of the Criminal Act

1. The gist of the assertion is that Defendant B committed a crime by interesting in the process corresponding to Defendant A’s violence, and constitutes self-defense or excessive defense.

2. The defendants, while making a cross-market trial as a problem of the drinking value, are faced with the face of defendant A with his hand.

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