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(영문) 서울동부지방법원 2015.11.27 2015노856

폭력행위등처벌에관한법률위반(공동상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal by the prosecutor is that the part of the judgment of the court below which was not guilty is sufficient to prove this part of the facts charged. Thus, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The summary of the facts charged against the acquittal of the lower judgment is as follows.

The Defendants in violation of the Punishment of Violence, etc. Act (joint injury) against the Defendants were to report to the police on the fact that M (the age of 42) intrudes upon the Defendants’ house of M in the date and place under paragraph (1) of the facts constituting the crime as indicated in the judgment of the court below. Defendant A deducted his telephone apparatus from M to the right side of the female, and Defendant C and Defendant B moved back to the back of M’s head and arms by hand.

As a result, the Defendants jointly carried out Ma with respect to satchitiss that require approximately three weeks of treatment.

B. (1) The Defendant continued to engage in injury to Defendant A and damage to property at the same date, at the small place, and at the same time and place, the Defendant forcedly moved the arms into a living room and forcedly brought AB into the living room, and caused the salt of the part of the shouldered part requiring approximately two weeks medical treatment.

(2) The Defendant, at the same time and at the same place, destroyed a large door owned by M so that repair costs of KRW 139,200, by falling off trading a large door.

3. Determination

A. The lower court’s determination is based on the following: (a) the background of the instant case; (b) three students ( Q, P, and U) who were in the circumstances, M, and the situation in which the Defendants were waiting M at the time; (c) the relationship between the Defendants and M; (d) each injury diagnosis and estimate in accordance with the facts charged; (c) M’s hair and joints of M; and (d) a photograph of M’s hair and joints of M; and (e) a recording document submitted by M to the investigative agency.