beta
(영문) 서울중앙지방법원 2020.11.16 2020노2351 (1)

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment below

Of them, the guilty portion of the case against Defendant A in 2019 order6249 shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for six months.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s assertion of misunderstanding of facts as to the acquittal portion is erroneous in misunderstanding of facts on the ground that it is difficult for Defendant A to have conspired in advance with respect to special violence and special injury on the ground that it is difficult for Defendant A to be deemed that there was a prior conspiracy with B, even though it was possible to fully recognize the act of the victim J at the time of special violence, which is a dangerous object of Party B, and that Defendant A committed an act of the victim J, which was integrated with Party B, and caused the victim’s injury.

B. The lower court’s sentence against the Defendants claiming unfair sentencing (Defendant A: Imprisonment with prison labor for six months and imprisonment for eight months, and fines for twenty million won for Defendant C) is too uneased and unreasonable.

2. Judgment on Defendant A

A. On February 22, 2019, the Defendant and B in the facts charged in the case of the 2019 Highest 6249 were to work, and around February 22, 2019, around 04:39, the Defendant and B were to work for the following reasons: (a) the victim H (18 years of age) and the victim I, the same J, and K (hereinafter referred to as “victimh 18 years of age,” omitted) were to work for the Defendant and B.

The Defendant, who was defective in talks, went to go to the above H as the alley on the parking lot adjacent to the drinking house, and went to the H while having a dispute with H.

B, the above I heard the sound of the Defendant and H to the parking lot, and H dumbumpted from the floor, and I met it, but I met it, which is a dangerous object in the surrounding stuff, and H was used on the floor.

계속하여 피고인과 B는 H의 몸을 발로 수회 찼고, 이를 본 I이 H의 몸을 감싸자, I의 몸도 발로 수회 찼고, I을 일으켜 세워 주먹으로 I의 얼굴과 몸을 수회 때렸다.

Accordingly, I fled out of the alley, and I continued to drink and drink I according to I, and the defendant saw H as a drinking, and I am as a drinking.

And the above J, K. H.