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(영문) 서울남부지방법원 2019.09.06 2018노1370
폭력행위등처벌에관한법률위반(공동폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the court below, such as the consistent statement of the victim and the video recording of the site, the court below acquitted the defendants when the defendants acknowledged the facts of assaulting the victim. The court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The court below found the Defendants not guilty on the ground that the Defendants’ act constitutes an act that does not contravene the social norms stipulated in Article 20 of the Criminal Act and constitutes an act of assaulting against the Defendants, even if there is no other evidence supporting the Defendants’ intent to commit assault, in light of the facts and circumstances revealed by the evidence duly adopted and investigated by the court below, it is difficult to believe that the victim E’s statement appears to conform to the facts of this case in light of such facts and circumstances. The evidence submitted by the prosecutor alone is insufficient to acknowledge that there was an intentional act of assaulting against the Defendants.

Examining the judgment of the court below closely with the records, such judgment of the court below is just, and the prosecutor's assertion is without merit.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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