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(영문) 서울남부지방법원 2014.07.21 2014고정1506
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendants shall be punished by a fine of two million won.

The Defendants did not pay each of the above fines.

Reasons

Punishment of the crime

On January 1, 2014, at around 23:40 on January 1, 2014, the Defendants: (a) obstructed the entry of the “Emergency Countermeasure Committee”, the opposite to the church, into the second floor distribution from the stairs in front of the second floor distribution in the Yangcheon-gu Seoul, Yangcheon-gu, Seoul; (b) Defendant A was fleeped with the flat of the victim G (the age of 68); and (c) Defendant B was flicked with the flat of the victim’s arms and flat of the flatth floor; and (d) Defendant B was flated with the flat of the victim’s flat.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Legal statement of witness G;

1. Results of viewing video CD reproduction;

1. Application of each of the police interrogation protocol to the Defendants

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

1. Defendants to be detained in a workhouse: Articles 70(1) and 69(2) of the Criminal Act;

1. Defendants of the provisional payment order: The defense counsel in the determination of the defense counsel's assertion under Article 334 (1) of the Criminal Procedure Act alleged to the effect that the Defendants did not have the intent of assault or that the Defendants' act constitutes self-defense. However, in light of all the circumstances such as the motive, circumstance, means and method of the instant crime acknowledged by each of the aforementioned evidence, specific circumstances at the time, degree of damage, etc., the Defendants' intent of assault is acknowledged, and the Defendants' act cannot be deemed as self-defense. Thus, the above assertion

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