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(영문) 서울남부지방법원 2013.08.29 2013노1007
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles merely state a fighting between C and F, and the victim G, and in collaboration with C as stated in the facts charged in the instant case, there was no injury in light of the victim’s head, loss and birth, and there was a assault against the victims by the domestic defendant.

Even if the victims' act of violence was committed in the course of escaping from the victim's act of violence, it is merely a passive act of defense, and thus, the illegality is dismissed as it constitutes "political act" under Article 20 of the Criminal Act or "self-defense" under Article 21 of the Criminal Act.

Nevertheless, the lower court convicted the Defendant of the facts charged in this case. In so doing, the lower court erred by misapprehending the legal doctrine on “political act” or “self-defense”, which is the grounds for the dismissal of illegality, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (a fine of 500,000 won) is too unreasonable.

2. Determination

A. (1) According to the evidence duly adopted and investigated by the court below on the assertion of misunderstanding of facts and misunderstanding of legal principles (in particular, the same video CD), as shown in the facts charged in the instant case, it can be sufficiently recognized that the Defendant, who was contacted by the selective engineer, was in contact with the above victims, committed violence by using violence, such as breaking the victim's head debt, putting the victim's head debt, and breaking the victim's loss, thereby causing an injury in the number of days of treatment.

(2) Furthermore, between the persons making the same fighting match, ordinary acts of attack and defense have been conducted consecutively, and the two areas, which are both acts of attack and defense, are in the same nature as the acts of attack at the same time. Thus, even if they appear to be fighting with one another, they appear to be one another.

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