(영문) 부산지방법원 2015.08.28 2015노1437 | 리걸엔진

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(영문) 부산지방법원 2015.08.28 2015노1437

폭력행위등처벌에관한법률위반(공동폭행)등

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts, the Defendant did not unilaterally commit an assault against the victim, while Defendant A was wraped with the victim, and B only told the Defendant and the victim fighting, but the lower court found the Defendant guilty of a violation of the Punishment of Violences, etc. Act (joint assault) by misunderstanding of facts.

② The Defendant, on the ground of the above assault case, fell under a police officer’s brupt situation after leaving the police station, and was faced with the police officer’s body in the process of resistance, but did not intentionally assault the police officer, the lower court erred by misapprehending the facts, thereby convicting the Defendant of obstruction of the performance of official duties.

(2) The sentence imposed by the lower court on the Defendant (a fine of three million won) is too unreasonable.

B. Defendant B (1) misunderstanding of facts only made a fighting match between A and the victim, and even though there was no assault by the victim, the lower court found the Defendant guilty of violating the Punishment of Violences, etc. Act (joint assault) by misunderstanding the fact.

(2) The sentence (one million won of fine) imposed by the lower court on the Defendant is too unreasonable.

2. Determination

A. (1) As to the Defendant’s assertion of misunderstanding of facts, the crime of assault as provided in Article 260 of the Criminal Act refers to the exercise of physical force against a person’s body. Thus, according to the evidence duly admitted and investigated by the court below, the Defendant acknowledged the fact that the Defendant she sphered and sphered with one another with the victim, and the victim made consistent from the investigation agency to the court below, that he spherd and spherd with the Defendant, and that the Defendant spherd and fatdddddddddddd with the Defendant. At the time, the Defendant was under the influence of 6 soldiers at the time, and thus, the Defendant was under the influence of f

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제260조

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