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(영문) 서울동부지방법원 2013.05.01 2013고정77
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

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

Defendant

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

Reasons

Punishment of the crime

Defendant

A around 22:00 on October 24, 2012, around Seongdong-gu Seoul Metropolitan Government D apartment commercial building, on the ground that the victim E (the age of 52) was drunk, and that the victim E (the age of 52) was found under the influence of alcohol and the driving of a driving school would cause inconvenience to the traffic, and the victim’s face was exposed to injury, such as the luminous bones and the felite felite felite felite, etc., which requires six weeks of treatment by drinking.

Summary of Evidence

1. Legal statement of E;

1. Indicating part of the protocol concerning the suspect interrogation of the defendant A by the prosecution;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Article 257 (1) of the Criminal Act and Article 257 (1) of the Criminal Act and the selection of a fine;

1. Defendant A at a workhouse: Articles 70 and 69(2) of the Criminal Act;

1. Defendant A: The defense counsel’s assertion under Article 334(1) of the Criminal Procedure Act and the defense counsel’s determination thereof are asserted to the effect that Defendant A’s crime constitutes self-defense. However, in light of all the circumstances such as the means, method, and consequence of the instant crime as indicated in the records of this case and the specific circumstances at the time, it cannot be deemed as self-defense, and thus, the above assertion is rejected.

The non-guilty part against the Defendants

1. The Defendants jointly committed an injury to the victim E (the age of 52) on the grounds that the victim E (the age of 52) was under the influence of alcohol and that the driving of a driving school and the vehicle would cause inconvenience to the passage of the vehicle, Defendant B was in custody sealed the victim, and Defendant A committed an injury to the victim, such as the breath, bones, bones, and franchising of franchising her face when taking about about six weeks of the face of the victim.

2. Determination (whether the accused's joint injury is recognized);

A. "At least two persons" under Article 2 (2) of the Punishment of Violences, etc. Act requires that there exists a so-called co-offender relationship among them, and several persons are aware of the crimes committed by other persons at the same time and at the same place, and use them.

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