(영문) 서울중앙지방법원 2019.09.20 2018노2205

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(영문) 서울중앙지방법원 2019.09.20 2018노2205

폭력행위등처벌에관한법률위반(공동상해)

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The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is that the defendant only made an assault against A and did not inflict an injury on the victims jointly with A.

2. The Defendant asserted the same as the grounds for appeal in this part of the judgment below, and the court below rejected the above assertion by stating in detail the Defendant’s assertion and its decision.

In addition to the evidence duly adopted and examined by the court below, the judgment of the court below is justified, taking into account the following facts and circumstances as a whole, which are admitted by the court below.

The defendant's assertion of mistake is without merit.

① The JJ stated that the Defendant was unable to view the Defendant’s assault scene.

D According to the main CCTV on March 24, 2017, at the entrance of the second floor of D main office around 05:47:00 on March 24, 2017, the Defendant and A carried out physical fighting with the employees of the said main office at the entrance of D main office at around 05:47:30, but they began to get out of the stairs at around 05:47:30, the J re-enters into the main office without getting out according to the Defendant.

J also stated that the defendant returned to the above main points at the time that the defendant left the stairs in the court of the trial.

J did not look at the defendant's assault scene made at the stairs of the first floor of D main points, and at the entrance of the building.

Even if that is, it is not enough to reverse the recognition of the lower court.

② It is clear that the victim E and F assaulted victims other than A in this court. At the time, the victim E and F made a statement that they were assaulted by the victim in collaboration with A because they were only the Defendant.

According to A’s police statements, friendly K and L, which were the same as D’s main points, have left the above main points before the occurrence of the instant case. Therefore, it is reasonable to view that A’s act of taking part in violence at that time was the Defendant.

③ As seen in the above, the Defendant and A shall be located at D points prior to the occurrence of the instant case.

유사 판례

-부산지방법원 2014.01.15 2013고단8168

-부산지방법원 2013.07.10 2012고단10404 (1)

-대전지방법원 2017.04.19 2016노2381

-인천지방법원 2015.05.29 2015노389

-수원지방법원 2017.04.14 2016노3554