(영문) 서울동부지방법원 2018.10.31 2018노979

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(영문) 서울동부지방법원 2018.10.31 2018노979

폭력행위등처벌에관한법률위반(공동폭행)등

Text

The judgment of the court below (including the portion not guilty) shall be reversed.

Defendant

A In four months of imprisonment, Defendant B shall be punished by a fine of 50,000 won.

Reasons

1. The decision of the court below on the summary of the reasons for appeal (for defendant A, four months of imprisonment, one year of suspended sentence, one year of community service, 80 hours of defendant B: fine of 50,00 won) is too uneased and unreasonable.

2. Upon ex officio determination, the prosecutor prosecuted the Defendants for the violation of the Punishment of Violences, etc. Act (joint assault) and the obstruction of business with respect to Defendant A. The lower court determined that some of the facts charged constitute a case of violation of the Punishment of Violences, etc. Act (joint assault) but rendered a not guilty verdict on Defendant B, which is a part of the Defendants, only for reasons, as it is impossible to maintain the lower judgment.

3. If so, the judgment of the court below is reversed by the court below under Article 364 (2) of the Criminal Procedure Act (including the portion of innocence) without examining the prosecutor's improper assertion of sentencing, and the following decision is delivered through pleadings.

【Re-use Reasons for the Judgment】 The history of crime

1. The charges of this part of the charges of violation of the Punishment of Violences, etc. Act (joint assault) by the Defendants are divided into two parts: “Defendant B was a victim’s head, who was up to the right angle by hand.”

Although the part is included in “,” the evidence submitted by the prosecutor alone is insufficient to recognize the above part, it is excluded from the facts constituting an offense.

around 23:40 on October 9, 2017, the Defendants: (a) placed the victim D (39 tax) and snow in front of Songpa-gu Seoul, Songpa-gu; (b) put the victim D (39 taxes); (c) her bath; (d) her the victim’s head; (c) her the victim’s head; (d) her the victim’s head; (e) her head was frighted; (e) her head was frighted; (e) her head was frighted; (e) her head was frighted; and (e) her escape was her escape; (e) the Defendant her hand frighted the victim’s finger and her sexual organ was frighted by the victim’s hand; and (e) the Defendants continued to her arms and fright

In this respect.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

-서울동부지방법원 2018.07.04 2017고단3844

-대전고등법원 2016.04.01 2015노519

-서울남부지방법원 2018.03.30 2016노2141

-의정부지방법원 고양지원 2016.03.23 2015고단3056

-대구지방법원 포항지원 2018.05.30 2018고단360