(영문) 서울남부지방법원 2014.07.14 2014고정1437

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2014.07.14 2014고정1437

폭력행위등처벌에관한법률위반(공동폭행)

Text

The sentence of punishment against the Defendants shall be suspended separately.

Reasons

Punishment of the crime

On January 1, 2014, at around 23:20, the Defendants prevented the victims F (52 years of age) from the second floor of the Egyptian Egypt in Yangcheon-gu Seoul Metropolitan Government, about to go up to the third floor of the church, and Defendant A was able to draw up the victim’s hys with two descendants, and Defendant B led the two arms of the victim.

Accordingly, the Defendants jointly assaulted the victim.

Summary of Evidence

1. Legal statement of witness F;

1. Video data CD (nine pages of investigation records);

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 2 (2) and (1) 1 of the Act on the Punishment of Violences, etc. and Punishment of Specific Crimes, Article 2 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, the selection of fines;

1. 2,00,000 won for each fine for which a sentence is to be suspended; and

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

1. The Defendants and their defense counsel asserted that they did not have any intention to commit assault because they merely take the Defendants’ actions against the victim under Article 59(1) of the Criminal Code of the Suspension of Sentence. However, according to each of the above evidence, it is recognized that the Defendants’ act was committed against the victim’s will, and such act constitutes an assault of assault regardless of its force, as it is an exercise of force against the victim’s will.

Although the Defendants did not recognize the commission of the instant crime, they did not deny the commission of the instant crime, but did not deny the commission of the instant crime, and there was somewhat exaggeration in the victim’s statement as to the degree of the assault. The Defendants stated in this court that the Defendants are in profoundly against the fact of the act.

In addition, the defendants do not want the punishment of the defendants by mutual consent with the victim, so it can be known through various circumstances after the crime and the application of the defendants, and the fact that there is no criminal history.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

유사 판례

-대구지방법원 2017.10.27 2017노271

-서울중앙지방법원 2014.06.05 2014노1161

-춘천지방법원 강릉지원 2020.04.16 2019노126

-대전지방법원 2015.10.22 2015노1006

-서울중앙지방법원 2019.02.14 2018노2225