폭력행위등처벌에관한법률위반(공동상해)
Defendants are innocent.
1. Defendant A is an employee of C Housing Redevelopment Project Association, and Defendant B is an employee of the company in charge of moving the above redevelopment project.
피고인들은 공동하여 2017. 12. 1. 15:30 경 창원시 마산 합포구 E 앞길에서, 피해자 F가 위 재개발사업에서 시행하는 철거작업을 방해한다는 이유로, 피고인 A 와 피고인 B가 철거 현장에서 피해자를 끌고 나와 길바닥에 넘어뜨린 후 피고인 B는 피해자의 배 위에 올라 타 꼼짝 못하도록 누르고, 피고인 A는 피해자의 좌측 발을 1회 차 피해자에게 약 4 주간의 치료가 필요한 제 1 늑골 이외 단일 늑골의 골절 폐쇄성, 경추의 염좌 및 긴장, 다발성 타박상 등을 가하였다.
2. Defendant A did not consent to the victim’s appearance, and Defendant B got out of the process of preventing the victim from cryping to the dangerous work site in order to obstruct the removal work. As such, Defendant B did not have the intent of injury.
Even if there was a criminal intent of injury
Even if it comes to a legitimate act, illegality is excluded.
3. Determination
(a) Evidence-related ① At the time of removal in charge of compensation-related work by the redevelopment association of this case’s legal statement of wood G
G In the court, the injured Party F, along with his conduct, went to the police to interfere with the removal of the building in the process of removal several times over the morning and the P.M. on the day of this case, and the police was dispatched by the report.
statement.
In addition, the police were under way to remove the facility again after the removal. At around 15:30 on December 1, 2017, the F Fambling 15:30 on December 1, 2017, when Defendant B et al. prevented Defendant B et al. from entering the site to the removal site, the removal site would go beyond F, and B et al. al. up to F’s length.
The removal site is the removal site that occurs again.