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(영문) 전주지방법원 2018.07.04 2018노118

폭력행위등처벌에관한법률위반(공동상해)

Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the non-guilty part of the reasoning of the judgment below against the Defendants in violation of the Punishment of Violences, etc. Act (joint injury) against the victim P, Defendant A, separate from the Defendants, at the court below’s co-defendant L (hereinafter “L”) and Defendant B’s price using the victim P using the victim P to a situation where it is impossible to resist due to a considerable amount of time from L and Defendant B’s price in the situation where Defendant B prevents the victim P, which caused injury to the victim P in collaboration with L and Defendant B.

Nevertheless, at the time of Defendant A’s injury to Defendant A’s P, there was no intention of joint processing between Defendant A, L, and Defendant B.

In light of the above, the judgment of the court below which acquitted the Defendants of this part of the charges is erroneous in the misapprehension of legal principles.

B. Each sentence of the lower court (Defendant B: 10 months of imprisonment; 2 years of suspended execution; 7 million won of fine for the crime of injury as stated in the lower judgment; 6 months of imprisonment with prison labor for the crime of injury as stated in the lower judgment; 2 years of suspended execution for the crime of injury to Defendant A) against the illegal Defendants is deemed unfair.

2. Determination

A. Judgment 1 on the argument of misapprehension of the legal doctrine 1) The summary of the facts charged L of this part of the facts charged was sent back to the victim P, who was the ship of the aboveO, to the female guest P, a female guest P, who was seated in the next table table, on January 21, 2017, from the N main points located in Y in YYYM at the front of the aboveO, on the ground that the victim P, who was the ship of the aboveO, returned the aboveO to the house.

L means that the face of the victim P is cut over the floor and the face is taken up on the upper part of the back, and the victim P loses the mind by walking the string, and the victim P is prevented, and the victim P is able to stop it, and the "K is able to walk up "hing the face while drinking up", and the defendant B in the next side also is able to take the face by drinking it.