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(영문) 인천지방법원 2015.07.10 2015노1597

폭력행위등처벌에관한법률위반(공동상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the summary of the grounds for appeal is recognized as having inflicted an injury on the victim with the intention of joint processing C as stated in the facts charged in the instant case, the lower court acquitted the Defendant, which erred by misapprehending the facts.

2. Determination:

A. The Defendant and C, around 04:20 on 03:0 on 03:0 on 201, 2015, are punished for a dispute, on the ground that the Defendant, within the “E” club located in the Southern-gu Incheon Metropolitan City D and fourth floor, the Defendant and C had f and shouldered.

In his hand, C was pushed with F, and C was injured by the left side of F's friendly arrest victim G by drinking three times, and C was injured by the left side of the victim's G, which requires medical treatment for 35 days.

Accordingly, the defendant, together with C, injured the victim.

B. "When two or more persons jointly commit a crime of injury or assault" under Article 2 (2) of the Punishment of Violences, etc. Act requires that there exists a so-called co-offender relationship between them. In addition, several persons are aware of another person's crime in the same opportunity at the same place and commit a crime by using it. In a co-principal who jointly processes more than two persons and engages in a crime, the conspiracy or conspiracy does not necessarily need to be made directly and explicitly, and the intention to jointly realize it should be combined in any case.

(2) In light of the above legal principles, the court below’s judgment on November 28, 2013 (see, e.g., Supreme Court Decision 2013Do4430, Nov. 28, 2013) 2 is insufficient to acknowledge that the evidence submitted by the health care unit prosecutor alone was in common with C, and there is no other evidence to acknowledge this. Rather, according to the records, C is only recognized as having inflicted an injury solely on the victim’s drinking at the time indicated in the facts charged