beta
(영문) 광주지방법원 2011.12.07 2011노2568

폭력행위등처벌에관한법률위반(공동상해)등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The judgment of the court below which acquitted the Defendants of the facts charged of this case is erroneous in the misunderstanding of legal principles, which affected the conclusion of the judgment, although the Defendants’ act does not constitute a justifiable act because it is difficult to see that it satisfies the requirement of a justifiable act

2. The judgment of the court below is justified in finding facts of the facts charged of this case on the ground that the defendants' act constitutes a justifiable act under Article 20 of the Criminal Act since the defendants' act is reasonable to the extent permitted by social norms in light of the content and purpose of the crime of this case, the surrounding circumstances at the time, the continuity and degree of infringement of legal interests by the victim's act, the degree and method of physical evidence exercised by the defendants, the victim's response attitude, and the degree of injury suffered by the victim, etc. (the defendant's act cannot be deemed to lack requirements such as the degree of obstruction of business and defamation due to continuous one demonstration of the victim, the degree of damage report by the defendants and law firm, the process and result of the application for provisional disposition, and the degree of injury suffered by the victim, etc.). It does not err in the misapprehension of legal principles as alleged by the prosecutor, which affected the conclusion

3. Accordingly, the Prosecutor’s appeal against the Defendants is without merit, and all appeals are dismissed in accordance with Article 364(4) of the Criminal Procedure Act.