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(영문) 청주지방법원 2019.10.25 2018노942
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

The remainder, excluding the dismissed part, shall be reversed.

The Defendants are not guilty.

Reasons

1. The court below found the Defendants guilty of violating the Punishment of Violences, etc. Act (joint injury) among the facts charged against the Defendants, and dismissed the prosecution as to each assault.

From the judgment below, the Defendants filed an appeal only for the aforementioned guilty portion, and did not appeal both the Defendants and the prosecutor with respect to the dismissal portion. Therefore, the dismissal portion of the prosecution in the judgment below became final and conclusive separately from the attitude of the appeal period.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. At the time of misunderstanding of facts and misunderstanding of legal principles, Defendant B did not scam or walk back by scam the head debt of Defendant D, and Defendant A did not have any scam the shoulder of D and scam the clothes.

Defendant

A’s removal of Defendant B’s head debt is an act of self-defense or a legitimate act, without intention of injury or passive resistance.

B. The court below's decision on the unfair sentencing (the fine of KRW 800,000) is too unreasonable.

3. Judgment on misconception of facts and misapprehension of legal principles

A. The summary of the facts charged C and D are the married couple, Defendant A, and Defendant B residing in the same apartment G, who reside in the E apartment F, and there was a dispute between ordinary noise and noise.

On September 29, 2017, in front of the Cheongju-si E Apartment Hdong, the Defendants: (a) opened golf loans on the ground that the above-mentioned layer was damaged from the lower floor of Defendant A while the appraisal was accumulated due to noise problems between the Cheongju-si, Cheongju-si; (b) opened golf loans on the ground that the above-mentioned layer was damaged from the lower floor; and (c) in a dispute between C and T with the buphone, the Defendants met with each other; and (d) Defendant B attached the Defendant A at a time when the Defendant “I write down a letter.” In addition, the Defendant B was able to d’s head debt and d’s head debt, and the victim’s buck paper was generated.

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