(영문) 서울동부지방법원 2019.06.20 2018노1656

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(영문) 서울동부지방법원 2019.06.20 2018노1656

폭력행위등처벌에관한법률위반(공동상해)

Text

Defendant

The judgment of the court below against B shall be reversed.

Defendant

B. Defendant A’s appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the defendants) found the defendants guilty of the facts charged against the defendants although the defendants did not assault the victim. In so determining, the court below erred by misapprehending the legal principles on the grounds and mistake of facts.

2. Determination

A. On June 11, 2017, around 23:00 on June 11, 2017, the Defendant and A met the victim E (Nam, 33 years of age) at the D event site in Songpa-gu Seoul, Songpa-gu, Seoul, and the Defendant meted the victim E (Nam, 33 years of age) and walked the victim's face by drinking, and the Defendant was able to walk the victim's head by drinking. Accordingly, the Defendant jointly with A, together with the victim, led to a brain sye and face syeing, which require approximately two weeks of treatment. 2 weeks of treatment. 2) As evidence consistent with the facts charged by Defendant B as the perpetrator, there is a victim, security personnel's investigative agency and legal statement of F, and legal statement of security personnel G.

However, comprehensively taking account of the evidence duly adopted and examined by the court, the defendant, F or G does not designate the defendant as the perpetrator immediately after the assault of this case occurred, but it is possible for the defendant to believe that the defendant is the perpetrator by relianceing on each of the above statements, considering the following circumstances: (a) the defendant, F or G was identified as the perpetrator after a certain period of time; (b) the victim was a festival where many people gather, and the victim was at night; and (c) the victim, F or G did not have any mutual knowledge prior to the defendant; (d) the situation at the time of this case; (e) the relation between the persons concerned; (e) the situation in which the defendant was identified as the perpetrator; and (e) the circumstances that may suspect the credibility of the statement made by the related persons as seen below, it is difficult to judge that the defendant

The injured party is different from what is objectively confirmed at the time regarding clothes of the defendant.

유사 판례

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