폭력행위등처벌에관한법률위반(공동폭행)등
The judgment below
Of the crimes of violation of the Punishment of Violence, etc. Act (joint violence) against Defendant A and Defendant B.
1. Summary of grounds for appeal;
A. As to each interference with business (Defendant A), although the Defendant parked the vehicle in front of the task operated by the victim, there was no intention to obstruct the business of the victim, and the business of the victim was not interfered with.
Therefore, the judgment of the court below which judged otherwise and found each of the facts charged guilty is erroneous in misconception of facts.
B. As to the act of injury (Defendant A), the Defendant did not see as a matter of parking with the victim at the time and place specified in this part of the facts charged, and did not inflict an injury upon the victim.
Therefore, the judgment of the court below which judged otherwise and found the defendant guilty of this part of the facts charged is erroneous in mistake.
C. As to the charge of the Punishment of Violences, etc. Act (joint assault) (the Defendants did not assault the victims, and the Defendant A did only act for the purpose of the victim to avoid the situation where the victims unilaterally face the violence from the victims.
Therefore, the judgment of the court below which judged otherwise and found the defendant guilty of this part of the facts charged is erroneous in mistake.
Even if the Defendants’ act constitutes an assault, the Defendants’ act is merely intended to escape from the situation where the victims are unilaterally subject to assault (Defendant A), or to speak that Defendant A was subject to assault from the victims (Defendant B), and thus constitutes legitimate self-defense or legitimate act.
The sentence of unfair sentencing (Defendant A) by the lower court (Defendant A: 2 years of suspended sentence, fine 2,00,000 won for October, 2 years of probation, 2 years of community service, 120 hours, Defendant B: fine 2,00,000 won) is too unreasonable.
2. As to Defendant A’s interference with each of his duties (the fact-finding person)
A. It interferes with business in connection with interference with business.