(영문) 서울남부지방법원 2019.02.15 2018고단4653

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(영문) 서울남부지방법원 2019.02.15 2018고단4653

폭력행위등처벌에관한법률위반(공동상해)

Text

1. Defendant A shall be punished by a fine of four million won.

Defendant

A fails to pay a fine.

Reasons

Punishment of the crime

At around 02:20 on March 30, 2018, the Defendants asked the victim E (at 30 years of age) and the victim E (at 30 years of age) to open the toilets of toilets. Defendant A, who was to be in Sifac, was able to take the head of the victim's hair and take the face of the victim's hair in drinking, and Defendant B was able to take the head of the victim's hair and take the head of the victim's hair in drinking.

As a result, the Defendants jointly inflicted an injury on the victim, such as a breath in need of treatment for about 28 days.

Summary of Evidence

1. Defendant B’s legal statement

1. The defendant A's partial statement

1. Legal statement of witness E;

1. A protocol concerning the examination of suspects of E, A, or B by the prosecution;

1. Some statements or statements concerning E in the police interrogation protocol;

1. E statements;

1. A medical certificate of injury to E and a hospital diagnostic certificate;

1. A damaged photograph;

1. No. 12 (Evidence List No. 14) of photograph 12 (Evidence List 14) [Defendant A and his defense counsel did not contain any fact that Defendant A her head debt was caught by drinking, and such head debt was defense in the course of setting up against the victim’s assault, and thus, it constitutes self-defense. However, according to the evidence duly adopted and investigated by this court, including the victim’s investigation agency and consistent statement from the investigative agency to this court, it can be recognized that Defendant A took the head debt of the victim, as well as the victim’s face, etc. It is recognized when the victim’s face was taken. This is a defense act at the same time, and it is difficult to view that the victim unilaterally committed an attack against the defendant and exercised the type of force as a means of resistance to escape from this court, and it does not constitute self-defense.] The application of statutes does not constitute self-defense.

1. Article relevant to the facts constituting an offense and the selection of punishment;

A. The Punishment of Violences, etc. against Defendant A.

참조조문

-폭력행위 등 처벌에 관한 법률

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