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(영문) 서울남부지방법원 2018.10.11 2017고정1808
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of KRW 300,000.

In the event that the Defendants did not pay the above fines, only 100,000.

Reasons

Punishment of the crime

Defendants and D are the members of the E church, and they are those who follow the direction of F pastors who are the members of the above church (hereinafter referred to as the "members of the church").

Victim G(48) is a person who belongs to the so-called church Reforming Council (hereinafter referred to as the "Council") that objects to the above F pastor and claims retirement.

From March 2017, violence cases, etc. frequently occurred between the side of the "interstation of the church" and the "interstation side of the church" due to the utilization of F pastors' church money.

On June 4, 2017, the victim was going up with the stairs between the 1,2nd floor of the E church new road located in Yeongdeungpo-gu Seoul Metropolitan Government, for the purpose of worshiping around 07:30 on June 4, 2017. However, from the above stairs, the defendant A was able to get up the victim's sloping belt, bridge, sloping sloping, D was able to get up the victim's sloping belt and bridge, and the defendant B was able to get up the victim's sloping belt and bridge.

Accordingly, the Defendants jointly assaulted the above victim.

Summary of Evidence

1. Legal statement of witness G;

1. A protocol concerning the examination of some police officers against D or Defendant B;

1. The person's criminal intent, CD;

1. Application of the Acts and subordinate statutes to report on investigation (the confirmation of images by suspects upon committing a crime);

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act concerning facts constituting an offense;

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

1. Article 334 (1) of the Criminal Procedure Act, applicable to the order of provisional payment;

1. The Defendants and the defense counsel asserts that the Defendants’ assertion of the defense counsel under Article 186(1) of the Criminal Procedure Act, which bears the burden of litigation costs, is unlawful as it is aimed at preventing the Defendants’ act from taking place I and D at the time of the Defendants’ act, and thus, constitutes an urgent act or a justifiable act.

According to the CD on the face of the crime committed by the victim, the defendants were unable to stand up with a rail and with the body of the body of the victim.

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