(영문) 서울서부지방법원 2019.10.31 2018노118

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(영문) 서울서부지방법원 2019.10.31 2018노118

폭력행위등처벌에관한법률위반(공동상해)

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The judgment of the court below is reversed.

Defendants are innocent.

Reasons

1. The summary of the grounds for appeal does not constitute a joint assault of the victim as stated in the facts charged of this case

2. Determination

A. The summary of the facts charged in the instant case is H, K, Defendants, and L are the employees of the guard company mobilized to proceed with the F Redevelopment Promotion Committee’s general meeting (hereinafter “instant general meeting”). Victim G (V, 50 years old) is the witness of the instant general meeting as a member election of the members of the instant general meeting.

H around 23:50 on April 15, 2016, around 23:50, at the second floor of the JJJ conference located in Eunpyeong-gu Seoul Metropolitan City, in order to have a dispute with the victim during the instant assembly due to the transportation of the ballot box in the election of the leader of the map division during the instant assembly, the victim threatened the victim by saying, “I will be able to die with her child at her time. I will am her at her time. I will do so.” On the other hand, K threatened the victim with the above act at the same place, and caused assault, such as keeping the victim’s body and taking the victim’s right hand over, and taking the victim’s right hand over.

On April 15, 2016, at the same place, the Defendants and L were in the vicinity of the direction of the victim to drive the above H continuously at the same place, and around the passage of the direction of the victim. Defendant C took once the part of the victim’s neck on the side of the victim’s left side and the part of the part of the victim’s arms by drinking once with the lusium and the lusium, L was in a number of times the victim’s chest, clothes, bucks and bucks. Defendant A was in a number of times the victim’s breast, bucks and the parts adjacent to the victim’s right shoulder and the part of the lusium. Defendant D was in a way that the part of the victim’s chest and the part of the lusium were in a way that the victim’s chest and the part of the lusium were in a way that the lusium and the part of the lusium were in a way that the victim’s breast were in a way that the lusium and the part of the victim can move.

As a result, Defendants and L jointly need approximately three weeks of treatment to the victim.

유사 판례

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-창원지방법원 2018.10.12 2018고단1959

-의정부지방법원 2014.06.24 2012고단3224