(영문) 서울북부지방법원 2017.12.01 2017노1175

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(영문) 서울북부지방법원 2017.12.01 2017노1175

폭력행위등처벌에관한법률위반(공동폭행)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant misunderstanding the fact only flicked the dispute between C and D, and did not assault D’s body flick with the left shoulder.

Nevertheless, the lower court erred by misapprehending the facts charged and thereby making a mistake of finding guilty of the facts charged.

B. misunderstanding of the legal principles, even if the Defendant had sealed D with the left shoulder,

However, the time is after C uses violence against D, leaving the scene, and D uses tangible force to C.

In other words, since the defendant's assault was committed after the completion of both C's assault and D's assault, the defendant did not have a intention of conspiracy C as to D's assault, and there was no joint action.

Joint assault cannot be assessed.

(c)

The punishment sentenced by the court below is too unreasonable.

2. Determination

A. According to the evidence duly adopted to determine the assertion of mistake of facts and the detailed statement about the situation at the time of the victim D's case at which the court below was present as witness, the victim was on the crosswalk after the victim's vehicle contact accident.

C and the Defendant: (a) the victim, who gets off from C and C, she first set the time to go off; and (b) during that process, C used violence, such as cutting down the victim’s neck; (c) the Defendant committed several actions to the roadway in which the victim is traveling on the side of the Defendant; (d) the victim attempted to move the police to another place; (e) the victim attempted to move to the police; (e) the victim was able to move to the police; and (e) the Defendant was fluoring the Defendant, and attached C; and (e) the Defendant exceeded the floor, and even thereafter, the Defendant committed an act toward the victim’s body toward the road.

According to the facts of recognition, the defendant can recognize the fact that he/she assaultsd the victim's body on several occasions, such as the statement in the facts charged.

The defendant's mistake of facts.

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