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(영문) 인천지방법원 2017.03.27 2016고합766
폭력행위등처벌에관한법률위반(공동폭행)
Text

The sentence of each sentence against the Defendants shall be suspended.

Defendant

Of the facts charged against B, the crime of assault is committed.

Reasons

Punishment of the crime

On May 6, 2016, from around 18:10 to 18:23, Defendants jointly used to set up against the Victim F (42 tax) against the E-ro side of the Namdong-gu Incheon Metropolitan City E-ro, and assaulted the Victim with her hand by putting flaps and necks of the Victim’s flaps and necks into tight hand.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness F and G, witness H and I respectively;

1. Each investigation report (including photographs, black stuffs, CDs, and J CCTV images) statute shall apply;

1. The Defendants: Article 2 (2) 1 of the Punishment of Violences, etc. Act and Article 260 (1) of the Criminal Act (the choice of a punishment) concerning criminal facts;

1. Defendants to be suspended from sentence: 1,000,000 won by fine; and

1. Defendants to be detained in the workhouse: Articles 70(1) and 69(2) of the Criminal Act (100,000 won per day);

1. The Defendants of suspended sentence: Article 59(1) of the Criminal Act (the Defendants had no record of criminal punishment before the instant criminal punishment, the Defendants caused the instant crime by contingency in response to the attack committed by the victim, the degree of assault of the instant case was not limited, and the jury’s sentencing opinion, etc.) and defense counsel’s assertion as to the Defendants and defense counsel’s assertion that the Defendants’ act constitutes a legitimate act as a passive resistance, which does not violate the social rules, and thus constitutes a legitimate act.

According to the above evidence, even though the victim's daily behavior, G, and H, and I met the victim's and the Defendants so that they could not ww off, the victim's attack was obstructed, the victim was satisfy, and the defendants were satched, and the victim was satched by the victim.

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