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(영문) 창원지방법원 2015.07.09 2015노51

폭력행위등처벌에관한법률위반(공동폭행)

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles, Defendant A, first of all, exercised physical power with the victim’s passive expression of resistance, thereby constituting self-defense or legitimate act. However, the court below erred by misapprehending the legal principles as to self-defense or legitimate act, thereby affecting the conclusion of the judgment.

B. Defendant B argues that the judgment of the court below that Defendant B conspiredd the victim with Defendant A without having contacted the victim 7 to 8 meters away from the site of the case, and that there was an error of law affecting the conclusion of the judgment by misunderstanding the facts.

2. Determination

A. At around 10:50 on November 29, 2013, the Defendants committed assault, such as assaulting the victim C (years 36) and her desire to take part of the victim’s head by hand, driving the part of the buckbbbbbbbbs, etc. on the part of the victim, at the entrance of the Changwon-gun District Court branch located in Busan-gun, Busan-gun, Busan-gun, and the head of the Si/Gun branch of the Si/Gun branch of the Si/Gun branch of the Si/Gun branch of the Si/Gu. Defendant B also assaulted the victim’s part of the buckbs, i.e., the victim’s part of the buckbs.

Accordingly, the Defendants jointly assaulted the victim.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in its judgment.

C. The following circumstances revealed by the judgment of the court below and the evidence duly adopted and examined by the court below regarding the assertion of legal principles are consistent with the purport that “the victim and witness D was unilaterally assaulted by the victim, and did not assault the Defendant A” from the investigative agency to the court of the court of the court below. ② The victim’s assault case with the Defendant around February 21, 2014.