(영문) 수원지방법원 2014.05.21 2014고정307

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(영문) 수원지방법원 2014.05.21 2014고정307

폭력행위등처벌에관한법률위반(공동폭행)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

At around 23:50 on October 5, 2013, the Defendant told the victim G (the age of 49) that the Defendant was dissatisfied with the Defendant’s daily movement on the top of the F No. 1st underground floor C, D, and C, and C, and C, and D, with the victim’s face, respectively.

Accordingly, the defendant assaulted the victim jointly with C and D.

Summary of Evidence

1. Partial statement of the defendant;

1. Each police interrogation protocol of G and H:

1. Some statements of the police interrogation protocol concerning C and D are written;

1. Each police statement made to I;

1. Written Statement;

1. Application of Acts and subordinate statutes to a criminal investigation report, a suspect, victim and field photograph, and a criminal investigation report (K counterpart investigation of a shote);

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

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

1. The defendant and his defense counsel's assertion of the provisional payment order against the defendant under Article 334 (1) of the Criminal Procedure Act and the defendant's defense counsel asserted that the defendant's act constitutes an act of assaulting the victim within the extent that it does not go beyond the limit of passive defense as a means of resistance, while the defendant's act was committed in a group to the extent that it does not cause serious injuries from the victim's behavior in the name of the victim, including the victim and his defense counsel, and thus, it is justified as it

In light of the above evidence, the following facts can be acknowledged: D was a person who takes part in a singing voice, and the wife of the victim stated that D was "to observe each other"; D and C took the head of H; D and C took the face of the victim who took that part; and on the other hand, the victim and the defendant were able to take the face of the victim who took that part, and the victim and the defendant were able to take the face. Thus, the defendant assaulted the victim.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

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