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(영문) 광주지방법원 2013.08.01 2013고정971
폭력행위등처벌에관한법률위반(공동폭행)
Text

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

In the event that the Defendants did not pay the above fine, 50.

Reasons

Punishment of the crime

On April 10, 2013, at around 23:40, the Defendants and the E Hospital located in Gwangju-dong-gu, Gwangju-gu, the victim F (the 42 years of age) was the starting cost on the grounds that the cab of the victim was kid in the future in the passenger car. Accordingly, Defendant B assaulted the victim jointly by assaulting the victim, i.e., the victim’s chest was pushed down once in the two hands, walking the right bridge once in the course of one stop, and the victim’s body was cut down.

Summary of Evidence

1. Defendants’ respective legal statements

1. Legal statement of witness F;

1. Application of Acts and subordinate statutes related to violence in front of an E hospital in D;

1. Relevant Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning the Defendants who choose to commit a crime;

1. Defendants of detention in a workhouse: Articles 70 and 69(2) of the Criminal Act

1. Defendants of the provisional payment order: Defendant B and the defense counsel’s assertion regarding Defendant B and the defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act asserted that Defendant B’s assaulting the victim constitutes self-defense as an act of escaping from the victim.

Defendant B and the defense counsel’s assertion on this part cannot be accepted in light of the following: (a) Defendant B and the victim met the f’s chest to her own son and walked the bridge; and (b) Defendant B and the victim met the background leading up to the occurrence of vision; (c) the developments and motive leading up to the assaulting of the victim; and (d) the developments and motive leading up to the escape of the victim at the site of Defendant B, it is difficult to view this act as self-defense.

In full view of the evidence as seen earlier, the Defendants’ assault is recognized. However, at the time of the instant case, the Defendants and the victims were in the time of the instant case, and the victims were assaulted by the Defendant A, and the degree of the victim’s damage is relatively somewhat somewhat weak.

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