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Reasons
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(영문) 대전지방법원 2015.05.20 2014노3312
폭력행위등처벌에관한법률위반(공동상해)
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The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, as stated in the facts charged, did not cause assault and injury to the victim, the lower court convicted him of the facts charged, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

B. The sentence (one million won of fine) imposed by the court below on the defendant is too unreasonable.

2. The judgment of the court below

A. The summary of the facts charged of this case is at around 15:00 on March 11, 2014, and the issue of settlement of the victim F (37 years old, female) and the seed payment in the street in front of the Ethy area located in the Sinsan City D market. When the victim wants to take a truck in Defendant B’s operation, the victim deducted the knife of the vehicle attached to the truck driver’s vehicle, the Defendants cut off from the vehicle, the victim’s knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knife knif.

B. The lower court found the Defendant guilty on the instant facts charged, based on the witness F’s legal statement, investigation report (Submission of an injury diagnosis report), investigation report (on-site CCTV perusal), CDs, and photographs taken on the upper part as evidence.

3. Judgment of the court below

A. "When two or more persons jointly commit the crime of injury or assault" under Article 2 (2) of the Punishment of Violences, etc. Act requires that there exists a so-called co-offender relationship between them. In addition, where several persons are aware of the crimes committed by another person on the same opportunity at the same place, and used them to commit the crime (see Supreme Court Decision 90Do2153, Jan. 29, 1991). In the case of co-principal who jointly processes and commits the crime by two or more persons, the conspiracy or conspiracy is essential.

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