(영문) 인천지방법원 2019.05.16 2019고정102

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(영문) 인천지방법원 2019.05.16 2019고정102

폭력행위등처벌에관한법률위반(공동폭행)

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The defendant shall be innocent.

Reasons

1. Around September 21:40 on September 7, 2018, the Defendant and B meta with a view to preventing the Defendant from suffering from suffering from suffering from suffering from suffering from suffering from suffering from suffering from suffering from exposure, and the Defendant and B meta with the victim D, the victim E (38 years old), the president of the above hotel, the victim F (38 years old), the above hotel staff, and the horse fighting. The Defendant and B assaulted the victim E, the victim E, the victim F (38 years old), the victim E, the above hotel staff, and the victim F (38 years old), the victim D, the victim D, the victim spits down, b down, the victim f, the victim f, the victim f, the victim f, and the Defendant continued to assault the victim with his hand. The Defendants entered the above victims into the hotel, and the victim francing the victims with his left shoulder, and the Defendant sold the victim D D.

Accordingly, the defendant assaulted victims jointly with B.

2. Determination

A. Article 2(2) of the Punishment of Violences, etc. Act requires that the so-called "when two or more persons jointly commit the crime of injury or assault" exist between them. In addition, where several persons are aware of another person's crime at the same place with the same opportunity and commit the crime by using it. In the case of the co-principal who jointly processes and commits the crime, the conspiracy or conspiracy does not necessarily need to be made directly, explicitly, explicitly, in order, and implicitly, the intention to jointly realize it should be combined in any case.

(Supreme Court Decision 2013Do4430 Decided November 28, 2013). B.

Comprehensively taking account of the following facts and circumstances acknowledged by the record, the evidence submitted by the prosecutor alone is insufficient to recognize that the defendant committed an assault against the victims jointly with B as stated in the facts charged in this case, and there is no other evidence to acknowledge it.

1. Of the facts charged in this case, the part concerning the defendant's participation

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

참조판례

-대법원 2013. 11. 28. 선고 2013도4430 판결

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