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(영문) 서울중앙지방법원 2018.01.16 2017고정3153
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

A A shall be punished by a fine of KRW 500,000,000,000,000,000,00

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A is the chairperson of the F church emergency countermeasures in Gangnam-gu Seoul, the defendant B, and C as the head of the above church, and the victim H (41) is a person who supports G who is a member of the above church, and the victim H (41) is a person who objects to the transfer of worship of the above G pastor as the degree of the church's nature.

1. On March 26, 2017, Defendants A and B assaulted the victim’s sexual intercourses and their body fights in the process of entering the church with the victim’s sexual intercourses and the church in front of the above church. Defendant A and the victim’s body part was pushed down with the victim’s hand, and Defendant B used the victim’s body part, with her hand, and Defendant B used her bomb and her bomb, with her hand, and her bomb.

Accordingly, the Defendants jointly assaulted the victim.

2. Defendant C committed assault, at the same time and place as in the preceding paragraph, that was, the victim’s satisfebling, satisfe the victim’s bat and satfebling the chest part, by hand, in order to resist the said A and B.

Summary of Evidence

1. Copy of the protocol concerning the examination of suspect of H with respect to the police;

1. Statement made by the police with H;

1. Investigation report (to attach CDs and photographs);

1. In full view of the relationship between the Defendants and the victim, the internal conflict between the members of the F church at the time, the background and process leading to the instant crime, and the method and degree of the assault committed by the Defendants, it is difficult to view the Defendants’ act as a passive defense to escape from unjust invasion, and there was also the character of the attack act.

Therefore, it cannot be viewed as a legitimate defense.

Application of Statutes

1. Relevant Article of the Act and the choice of punishment for the crime;

(a) Defendant A and B: Article 2(2)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act (elective selection of punishment)

B. Defendant C: Article 260(1) of the Criminal Act (Optional to the punishment)

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

1. The Criminal Procedure Act of the Provisional Payment Order.

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