[폭력행위등처벌에관한법률위반][공1975.9.1.(519),8564]
In the design office where design drawing is prepared at night, the relationship between the act that does not violate the social rules stipulated in Article 20 of the Criminal Act and the act that does not violate the act that gets satisfat and satisfat at the office because three persons on the flaf of the flab site intend to damage the office glass, and enter the office by flafing the flaf, one of them being affected by damage.
In the near 23:30 hours of a flapsing and destroying three flapsing from a design office, which is being engaged in the night work of drawing up a design map at around 23:30, the flapsing and destroying the 6000 won of the flapsing from the office glass, and the flapsing and destroying the flapsing and destroying the flapsing. Therefore, the flapsing and flapsing the flapsing and destroying the flapsing to the office by having the flapsing the flab from among the flapsing and damaging the flapsing to the flapsing and causing damage to the flapsing and
Defendant
Seoul Criminal Court Decision 74No6769 delivered on February 20, 1975
The original judgment is reversed, and the case is remanded to the Panel Division of the Seoul Criminal Court.
The defendant's grounds of appeal are examined.
The summary of the facts found in the decision of the first instance court maintained by the court below is that at around December 22, 1973:30, the defendant 23:30, at the design office located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul, the defendant 27, assaulted the victim non-indicted 1 by destroying and damaging the victim non-indicted 1's flaps, and by taking the b1,000 won of the flaps' flaps' flaps' flaps' flaps' flaps' flaps' flaps's flaps' flaps' flaps's flaps's flaf, and the defendant
However, according to the records, the defendant was engaged in night work to prepare a design at the place near time in the above judgment. However, if three persons, such as the above non-indicted No. 1 and the non-indicted No. 2, without s. s. 1 and 6,00 won in the glass of the Dong office, intend to do so, and they want to do so. Thus, the defendant is unable to find that the defendant was guilty of the above non-indicted No. 1's s. 1's s. s. s. 1 and 3's s. 1's s. s. 1 and 1's s. 1's s. 2's s. s. 3's s. s. 1's s. 1's s. 3's s. 3's s. s. 2' s. 3' s s. s. 3' s s. s. s. 3' s. s. s. s.
In this regard, the court below has an error of law due to the incomplete hearing or the violation of the rules of evidence, and further there is a reason to criticize the legal principles as to the rules of society.
Therefore, the original judgment is reversed and remanded in accordance with Articles 391 and 397 of the Criminal Procedure Act. It is so decided as per Disposition by the assent of all participating Justices.
Justices Lee Young-young (Presiding Justice)