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(영문) 서울남부지방법원 2014.12.12 2014노1264
폭력행위등처벌에관한법률위반(공동폭행)
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. Error of facts (Defendant A) the Defendant did not merely assault the Defendant’s arms that were not merely miscellaneous with the Victim G.

B. The Defendants did not assault “jointly” victim G as stated in the facts charged, and even if so, jointly assaulted the Defendants.

Even if this is a legitimate act that does not violate the social rules and regulations, it is an act to say that the victim would take the head of H.

2. Determination

A. The summary of the facts charged in the instant case is either a group of members or a “D” group of members to observe the C church’s “C church.”

On January 5, 2014, at around 13:30, the Defendants: (a) were serving the “F” members and the “F” members in order to enter weddings from the stairs of the second floor in Yangcheon-gu Seoul Metropolitan Council; (b) Defendant A was unsatisfing the arms of the victim G (n, 53 years of age) who is the members of the “F,” and Defendant B left the arms of the victim once by hand.

Accordingly, the Defendants jointly assaulted the victim.

B. The court below found the defendants guilty of the crime of violation of the Punishment of Violences Act (joint assault) on the ground that the defendants' act cannot be deemed a justifiable act under Article 20 of the Criminal Act in light of all circumstances, such as the motive, circumstance, means and method of the crime of this case, specific circumstances at the time, degree of damage, etc., according to the evidence of the judgment below.

C. According to the evidence duly adopted and examined by the court below and the court below, such as the judgment of the court below (1) on the assertion of mistake of facts (1) (Defendant A), the video of the on-site video CDs, the witness G’s oral statement at the court below and the court of a trial, etc., the defendant A's arms are recognized in order to prevent the victim G from acquiring H's head debt, which is the 'D', the 'D', so this part of the defendant’s assertion is with merit.

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