(영문) 서울남부지방법원 2017.04.14 2017노383

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울남부지방법원 2017.04.14 2017노383

폭력행위등처벌에관한법률위반(공동폭행)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The lower court rendered a judgment of innocence regarding Defendant A’s violation of the Punishment of Violences, etc. Act (joint assault) around June 20, 2016 among the facts charged in the instant case; the lower court dismissed the public prosecution regarding Defendant B’s assault around June 20, 2016; and sentenced Defendant B’s conviction regarding the remainder of the facts charged; and the Defendants appealed regarding the aforementioned guilty portion.

Therefore, since the part of the judgment of the court below that the defendants and the prosecutor did not appeal is finalized as it is, the judgment of the court is limited to the guilty part of the judgment below.

2. Summary of reasons for appeal;

A. Fact-finding (Defendant B) In the case of Article 1 of the facts charged in the instant case, there was no fact that the victim was at night, and in the case of paragraph (2), there was no fact that the victim was at night, and in the case of paragraph (3), there was no fact that the victim was at night, and in the case of paragraph (3), there was no fact that the victim scambling the cosmetic to the victim and conspired with the Defendant A.

B. Improper sentencing (the Defendants) sentenced by the lower court (six months of Defendant A’s imprisonment and five months of Defendant B’s imprisonment) is too unreasonable.

3. Determination

A. As to the Defendant B’s assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the crime of this case was discovered by the G while being confined in the ward in the same detention house as the Defendants and the victims, and G was at the time when Defendant B and the victim met with the Defendant A at the investigation agency, and the victim stated that Defendant B was aware of the victim’s paralysis (the night of the Act on the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Purpose of the Crimes

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

-대전지방법원 2017.10.18 2017노814

-서울남부지방법원 2017.02.03 2016고단4290

-청주지방법원 2018.07.12 2018노362

-서울서부지방법원 2017.11.02 2017노1093

-인천지방법원 2017.07.12 2017노1811