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(영문) 부산지방법원 서부지원 2019.05.10 2018고단909
폭력행위등처벌에관한법률위반(공동폭행)
Text

All of the public prosecutions against the Defendants are dismissed.

Reasons

1. On November 2, 2017, around 23:30, the Defendants: (a) thought that the victim E (here, 38 years of age) who is an employee, had had been able to singing first to customers who were more late than the Defendants; (b) had a dispute with the victim; (c) Defendant B had the victim’s humb; (d) had the victim’s humb; and (e) had the victim humbed, Defendant A had the victim humb; (e) had the victim humbeded the victim’s head and hum; and (e) had the victim’s head and humd the victim’s humb; and (e) had the victim’s head and humbed the victim’s head and hum on the back to the victim.

Then, the Defendants were the victim F(42 years of age), G(38), H(42 years of age) and I(41 years of age), and Defendant B was the victim F(F) with his hand sealed the victim H and the victim I’s bat.

Defendant

A, who is able to display both hands and knife, took the face of the victim H and the victim I, and knife G by hand and cross the floor.

Accordingly, the Defendants jointly assaulted victims.

2. Determination

A. "When two or more persons jointly commit the crime of injury or assault" under Article 2 (2) of the Punishment of Violences, etc. Act as to whether the Defendants jointly commit the crime of injury or assault means that there exists a so-called co-offender relationship between them. In addition, the case where several persons are aware of the crimes committed by other persons at the same time and at the same place, and they commit the crime using them. In the case of co-principal who jointly process and commit the crime, the conspiracy or conspiracy does not necessarily need to be made directly and explicitly, and in order, it may be done through impliedly and implicitly, but in any case, there is a combination of intent to jointly realize them through a joint processing of the crime.

(see, e.g., Supreme Court Decision 2016Do19451, Feb. 21, 2017). 2. Evidence duly examined by this Court.

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