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(영문) 청주지방법원 2017.04.20 2016노1399
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. The victim’s injury (such as the left-hand part, the left-hand part, the front part, the left-hand part, etc.) stated in the instant facts charged is not caused by the Defendants’ act.

B) As the Defendants could not have predicted that the result of the above injury was caused, the crime of causing violence cannot be established.

C) Inasmuch as the victim’s injury is naturally cured and the Defendant did not have any functional obstacle, it cannot be deemed as an injury under Article 257 of the Criminal Act.

2) Each sentence of the lower court’s unfair sentencing (the Defendants’ respective fines of KRW 700,00) is too unreasonable.

B. The prosecutor (not guilty of all the Defendants, misunderstanding of the facts, or misunderstanding of the legal principle) acquitted the Defendants on the charge of violating the Punishment of Violences, etc. Act (joint injury) on the grounds that the Defendants cannot be found guilty. In order to establish the crime of injury, it is sufficient to recognize only the perception of assault, which is the cause of the injury, so the court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

2) As long as the Defendants conspired with other members at the time of the instant case, the Defendants did not directly share the Defendants’ act constituting the element of the crime of injury.

Even if the principal is jointly responsible for the crime of injury.

2. We examine the Defendants and the Prosecutor’s assertion of mistake or misunderstanding of the legal doctrine.

A. The summary of the facts charged in the instant case and the judgment of the court below 1) The summary of the facts charged in the instant case is “the Defendants are the labor union members affiliated with the Daejeon District Office E of the Korean Metal Trade Union and the Young-dong Branch E of the Daejeon District Association.

Defendants jointly with approximately 20 members, and around 08:00 on July 31, 2015, the issue is that the injured party, the head of the E Trade Union’s branch, distributes the newsletters to the E Trade Union’s members before the E-dong Factory cafeteria, Young-dong.

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