(영문) 서울중앙지방법원 2014.05.29 2014노601

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(영문) 서울중앙지방법원 2014.05.29 2014노601

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of KRW 300,00, and by a fine of KRW 700,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts) Defendant A did not have the face of Victim H by taking the victim H’s head debt at the date and place in the decision of the court below, and there was no assaulting the victim I’s face at 4 and 5 times by drinking. Defendant A (2) The sentencing of the court below (700,000 won of fine) is too unreasonable.

B. Defendant B (1) misunderstanding of facts in the judgment of the court below was found to have inflicted an injury on H while assaulting both the victim H at the date and place as indicated in the judgment of the court below. However, Defendant B did not inflict an injury on H in collaboration with Defendant A, and there was no fact that the victim I’s face was expressed one time by hand. 2) The sentencing of the judgment of the court of unfair sentencing (one million won of fine) is too unreasonable.

2. Determination

A. The summary of the facts charged is around 00:20 on April 6, 2013, at the street of the G convenience store located in Seongbuk-gu Seoul Metropolitan Government, the victim H and I set a beer, and the victim H and I set the beer at the beer, and the defendant B took a look at the beer. However, the defendant B took a common look at the victim's face at the victim's head, 1) the victim's face at one time, 2) the back, and 3) the back of the back of the back of the back of the back of the charge, 2) the defendant A took a common look at the victim's face at one time, 3) the head of H, and 3) the face of the back of the back of the case at one time, and the defendant B took a common face at one time, including the victim's face at one time, and the defendant A and the defendant A 4 et al. at one time.

B. 1) According to the evidence duly adopted and examined by the court below as to the violation of the Punishment of Violences, etc. Act (as to the joint injury, first of all, the evidence, in particular, up to the investigation agency and the trial court, and the statement of the injury diagnosis for H, the fact that Defendant B inflicted an injury on the victim H may be sufficiently recognized as stated in the court below's decision.

On the other hand, the court below and the trial court have duly adopted it.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

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