(영문) 의정부지방법원 2015.10.06 2015노1558

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(영문) 의정부지방법원 2015.10.06 2015노1558

폭력행위등처벌에관한법률위반(공동상해)

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, as a result of misunderstanding of facts, left the victim’s face one time after having pushed the victim’s face with the victim. Defendant B also tried to leave the scene after about 20 minutes from Defendant B, and the victim was unable to prevent the Defendant B from standing so that the victim was able to take a larlar with the victim, and there is no fact that the Defendants jointly inflicted injury on the victim.

In addition, there is no fact that the victim suffered injury due to the defendants' act.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: a fine of KRW 2 million/Defendant B: a fine of KRW 700,000) is too unreasonable.

2. Determination

A. 1) Determination of the Defendants’ assertion of mistake of facts: “When two or more persons jointly commit the 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 the two or more persons; and further, there should be cases where several persons are aware of another person’s crime in the same opportunity at the same place and commit the crime using the same (see, e.g., Supreme Court Decision 2013Do4430, Nov. 28, 2013). 2) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, the fact that the Defendants jointly committed the injury to the victim is recognized.

A) The victim, from the investigative agency to the court of the court of the court below, was exposed to the face of the Defendant at one time from the Defendant’s hand in a situation where the Defendant 4 to 5 level was fated, and thereafter, he saw fat from the Defendant B. While the Defendant A was at his own time, the Defendants were the same at the time when the Defendant B was fated, but the Defendants were the same when the Defendant B fated with fat, and there was a consistent statement that he was the Defendant’s face. The witness G consistently stated that he was faced with father face by the Defendants’ act, and there is no reasonable reason to suspect the credibility of fating the statement.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

참조판례

-대법원 2013. 11. 28. 선고 2013도4430 판결

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