beta
(영문) 서울중앙지방법원 2017.02.02 2016고단3095

폭력행위등처벌에관한법률위반(공동상해)등

Text

Defendants are not guilty.

Reasons

1. Facts charged;

A. On October 27, 2015, the Defendants: (a) around October 27, 2015, at the H sports club located under the third floor of the Seocho-gu Seoul Metropolitan Government G Building, the victim I (53 years old) demanded the return of the J membership fees; (b) the victim was able to fluenced; (c) the victim was fluordd into his arms; and (d) the victim was pushed down.

Accordingly, the Defendants jointly committed violence to the victim.

B. The Defendants and K (joint Defendant 2 before separation) neglected their duty to wear the body of the Defendants and K in the victim J (L, 68 years old) that they would be towed by I to the Defendants at the date, time, and place referred to in the above A, and in the process of Defendant B and K’s personal injury, Defendant A instructed I to be pushed off, and Defendant B and K had the victim go beyond I together with I in the process of getting I pushed over by hand.

As a result, Defendants and K conspired with each other to inflict an injury on the victim by negligence, such as the pressure frame No. 1 that requires approximately six weeks of treatment.

2. Determination

A. According to the facts and records, in relation to the operation of the above H sports club, there was conflict with Defendant A (the actual operator as the chairperson of the above sports club).

Around October 27, 2015, I visited the above sports club and avoided disturbance as he was demanded by Defendant B (the head of the above sports club). At the time, the above sports club was operated and waiting for golf or consultation. At the time, there was a customer, and the Defendants reported I to the police and reported I on suspicion of interference with his duties, and even before I continued to escape from disturbance, there was a disturbance similar to that of visiting the above sports club.

In order to produce I to outside the above sports club, the facts charged: (a) the act as described in paragraph (1) was committed; and (b) after the defendant A was committed, the defendant A will out of the charge.