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(영문) 서울고등법원 2013.03.29 2012노3583

폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등

Text

1. The part concerning Defendant D among the judgment below is reversed.

Defendant

D shall be punished by imprisonment for a term of one year and six months.

(b).

Reasons

1. Summary of grounds for appeal;

A. A prosecutor 1) misunderstanding of facts (the part concerning Defendant C’s BX and CH) even though Defendant C did not directly assault the victims BX and CH, the victims were aware that the victims of the organization were released with a camping net to assault the victims. The victims expressed that Defendant C did not restrain B and would stop B when I wanted to do so more than 10 times, and Defendant C was also a student of the victims, and Defendant C was also a victim of the crime, and thus, it constitutes a threat to the victims. However, the court below erred by misapprehending the legal principles that the Defendant C was acquitted of the facts regarding the violation of the Act on the Punishment of Violence, Etc. 10, which was recorded in the Seoul District Court Decision 200, 2006, 206, 200, 30,000,000,000,000).