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(영문) 서울북부지방법원 2018.08.09 2018고단435
폭력행위등처벌에관한법률위반(공동폭행)
Text

Defendant

Punishment for A shall be determined by fine of KRW 300,00 and fine of KRW 500,00 for Defendant B.

Reasons

Punishment of the crime

1. Defendant A around 11:50 on August 31, 2017, and around 11:50 on August 31, 2017, the Defendant was not good from the stairs adjacent to the 9th floor elevator of Seongbuk-gu Seoul building C, and was not good for the peace.

B (36) and snow b) while the Defendant was punished for Si expenses, but the Defendant was faced with B’s face by hand and her drinking, and D was pushed with B by hand.

Accordingly, the defendant and D jointly assaulted B.

2. The Defendant B, at the same time and place as paragraph 1, taken the face of C(59) for drinking for the same reason, taken the face of C(59) for drinking for the same reason, and prevented the Defendant from taking it.

D(52) The face of D(52) was taken by drinking.

이로써 피고인은 A에게 입술을 5 바늘 꿰매는 치료 일수 미상의 상해를, D에게 입술을 9 바늘 꿰매는 치료 일수 미상의 상해를 각각 가하였다.

Summary of Evidence

1. The legal statement of Defendant A and some of Defendant B’s legal statement

1. A protocol concerning the examination of suspects of D;

1. Each investigation report (related to submission of photographs of damage and change of the name of the crime);

1. Application of A damaged photographs, DNA damaged photographs, and statutes related to B damaged photographs;

1. Article 2 (2) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, Article 260 (1) of the Criminal Act, Article 257 (1) of the Criminal Act, and Article 257 (1) of the Criminal Act, and Article 257 (1) of the same Act, the selection of fines

1. Aggravated concurrent crimes: the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act;

1. Defendant B and his defense counsel's assertion regarding Defendant B and his defense counsel under Articles 70 (1) and 69 (2) of the Criminal Code are asserted to the effect that Defendant B and his defense counsel have taken place once each time, but Defendant B and D's first used violence and Defendant B acted to defend them, thereby constituting legitimate defense, and thus, Defendant B's act constitutes a legitimate defense.

An attack and a defense act is committed between the liver and the liver, and at the same time between the liver and the liver.

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