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(영문) 서울중앙지방법원 2015.02.11 2014고단3331
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A shall be punished by fine for negligence of KRW 1,500,00 and by imprisonment for one year for Defendant B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

The Defendants, around 04:20 on December 14, 2013, 201, on a passenger car and passed the road that was in front of the exit of 107 New History Station 7, as the Seoul Gangnam-gu bankruptcy bankruptcy, Defendant A was deemed to turn on the road to get off a taxi.

마침 그 광경을 지켜보던 위 D의 일행인 피해자 E(남, 44세)이 말리면서 재차 시비가 되자, 공동하여, 피고인 A은 손으로 피해자의 몸을 밀치고 손으로 피해자의 얼굴을 때리고, 피고인 B은 손으로 피해자의 가슴 부위를 세게 밀치고 주먹으로 피해자의 얼굴과 가슴을 수회 때려 피해자를 넘어뜨리고, 넘어져있는 피해자의 얼굴, 몸, 다리 부위를 발로 수회 걷어차고 밟고, 계속하여 피고인 A은 넘어져있는 피해자의 얼굴과 몸을 발로 수회 걷어찼다.

In the end, the Defendants jointly inflicted injury on the victim, such as the complete malute of the left-hand 84 days of treatment, the complete malute of the salute, and the salute.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of witness D, E, F, and G;

1. Each medical certificate and each injury medical certificate (the defense counsel of the defendant A) asserts that the act of the defendant A constitutes a passive resistance that does not go against a political party act or social rules and thus the illegality is denied. According to the records, the above defendant's act is acknowledged to have given birth to the victim who was sealed the victim and used the fact at the time of booming with the victim. The above act of attack and defense is conducted between the victim of the fighting match as mentioned above, and the act of attack and defense is conducted consecutively, and the act of attack and defense is conducted between the victim of the boom, and it is difficult to view that the act of attack and the act of attack are self-defense for defense or the act of a political party because it is not deemed to constitute a legitimate act, the above argument cannot be accepted).

1. To commit an act of violence as provided in the corresponding Article of the Criminal Act;

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