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(영문) 서울동부지방법원 2014.08.21 2014고단1066
폭력행위등처벌에관한법률위반(공동폭행)
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Defendant

A shall be punished by a fine for negligence of KRW 1,500,000, and by a fine of KRW 1,000,000.

The Defendants respectively.

Reasons

Punishment of the crime

Defendant

A and B, who are opposing the housing redevelopment improvement project in the G district, found the victim H (60 years of age) who is the chairman of the said housing redevelopment improvement project together, and thought that they would receive a return of the letter of delegation of authority from the victim.

Defendant

A and B, around October 21, 2013, around 19:20 on October 21, 2013, when the victim refused to return the written resolution to the victim who returned home on the front of the Seongdong-gu Seoul Metropolitan I Apartment House, the victim refused to do so, and the victim refuses to do so. Defendant A was able to take a letter of resolution by leading the victim's breath, flick, flicking the upper part of the body of the victim, flicking the victim's flick, flicking the victim's flick at the apartment site, flicking the victim's flick at the apartment site, and flickd the victim into the elevator. Defendant B flping the victim's left part.

As a result, Defendant A and B jointly committed violence against the victim.

Summary of Evidence

1. The legal statement of the defendant A and B (the defendant B part)

1. Each police statement of H;

1. J's certificate;

1. A photographic photo taken by a dynamic images;

1. As a result of CCTV verification, Defendant B alleged that Defendant B’s act was a legitimate act that does not go against the self-defense or social norms. However, in full view of the facts recognized earlier and the circumstances and attitudes of the crime revealed in the record, it cannot be deemed that Defendant’s act is recognized as a justifiable act that does not go against the self-defense or social norms.

Therefore, Defendant B’s above assertion cannot be accepted.

Application of Statutes

1. Article 2 (2) and (1) 1 of the Punishment of Violences, etc. Act for the crimes concerned, and Article 260 (1) of the Criminal Act;

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

1. The crime of this case on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, each of the provisional payment orders, is Defendant A and B.

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