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(영문) 서울중앙지방법원 2020.12.16 2020노2240
폭행치상
Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of this judgment is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles merely intended to move tents out of the private land according to the work manual in response to the unlawful intrusion of the E union. Therefore, there was no “Assault” or “the intention of violence” against the victim. Even if it is recognized, it should be excluded from illegality as it constitutes a “political act”. However, the lower court erred by misapprehending the legal doctrine and thereby finding the Defendants guilty of the facts charged.

B. Each sentence (Defendant A: a fine of one million won, Defendant B: a fine of one million won) imposed by the lower court on the Defendants is too unreasonable.

2. Determination

A. The summary of the facts charged in the instant case is the security personnel of C, and Defendant B is the personnel of the personnel team of C.

On the other hand, the victim D( South, 42 years old) is a member of the E Union.

On September 7, 2018, at around 23:00, the Defendants: G, a member of the E Union, who was taking industrial action on the front of the “F building in Jung-gu, Seoul, where C’s head office is located, was prevented from putting up the said part of the stairs in front of the building in front of the instant site, the A himself/herself, and after that, the victim was able to do so. After that, the Defendant A was able to keep up the content on which the victim was able to keep up under the stairs in order to restrain the installation of the content, Defendant B left the part of the victim, etc. after the victim’s back to the blus, and got the victim over the floor below the stairs.

As a result, the Defendants conspired to commit violence against the body of the victim, thereby resulting in injury to the victim, such as salt dynasium, tensions, etc. requiring approximately two weeks of treatment.

B. The lower court determined that the Defendant A, who was in the vicinity of the entrance and exit door, posted a string of the instant stairs in front of the building at the door, along with a string of a string in the form of a string of the direction of the Party G’s own way.

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