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(영문) 서울북부지방법원 2018.11.30 2018노973 (1)
폭력행위등처벌에관한법률위반(공동재물손괴등)등
Text

The judgment below

All parts of the defendant A (including non-crimes) shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for ten months.

Reasons

1. Summary of grounds for appeal;

A. As to the facts in the facts charged in this case by misapprehending the legal principles, according to the evidence submitted by the prosecutor, the court below found the defendant guilty of the facts charged in this case by reporting the false facts as if the defendant was jointly abused by four persons with K, L, M, and the above K, etc. as stated in the facts charged. However, the court below acquitted the defendant of the facts charged in this case, which erred by misapprehending the legal principles.

B. The lower court’s sentence against an unfair defendant in sentencing (one hundred months of imprisonment and two years of suspended sentence) is too unhutiled and unfair.

2. Judgment on the grounds for appeal by the prosecutor

A. Of the facts charged in the instant case, the summary of the facts charged “Defendant A, around September 2, 2016, at the public service center of the Seongbuk-gu Seoul Seongbuk Police Station located in Seongbuk-gu, Seoul, Seomunmunro, Seoul around September 2, 2016, intending to install K, L, M, and four side members of the Seoul Seongbuk-gu Seoul Metropolitan Government Public Service Center for the purpose of having the penal punishment imposed upon the four persons. In order to “A around August 31, 2016, at the golf practice place of G Building G Co., Ltd. located in Seongbuk-gu, Seongbuk-gu, Seoul and four other, without permission, intruded the seven persons in a group in order to prevent them from committing so doing, thereby causing injury, such as pressinging the head into the wall and booming the wall.

“A false complaint was submitted” to the effect that the complaint was filed.

However, in fact, Defendant A interfered with the work of L and persons who set up partitions by getting off the electric power source more than one time within the main point of the said J where the K is in operation, or by keeping the sound in the body so that the partitions may not land the panel, and there was no assault by K, L, M, and four side members jointly with K, L, M, and the Defendant’s head on the wall.

Nevertheless, the defendant submitted a false complaint as above, and around September 4, 2016, at the above Seoul Seongbuk Police Station criminal and N Team office, there is a false damage in the same content as the police assistantO belonging to the above Seoul Seongbuk Police Station.

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