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(영문) 서울남부지방법원 2017.02.10 2016노465
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 3,000,000.

The above fines are imposed by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that acquitted Defendant A of the facts is erroneous in the misapprehension of facts.

B. The punishment sentenced by the lower court against Defendant B (one million won in penalty) is too uneased and unfair.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the court below's final judgment on the grounds for appeal by the prosecutor was examined as follows: (a) the name of the crime against the Defendants in the indictment of this case was "influence by assault"; (b) the applicable legal provision was changed as "Articles 262, 260 (1), 257 (1), and 30 of the Criminal Act"; and (c) since the subject of the judgment was changed by this court's permission, the judgment below cannot be maintained as it is.

[Revised facts charged] On May 24, 2015, at the E church parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government around 14:00, Defendant A, on the ground that the injured party could not enter a church, on the ground that the injured party would not enter the church, while entering the church with 30 to 40 believerss including the victim G (n, the age of 85) who follows the F pastors of the church, Defendant A left the victim's left arms in his/her hand, and Defendant B had both the injured party go beyond the floor of the land by cutting down his/her arms and cutting down his/her two descendants.

As a result, the Defendants conspiredd with the victim about about 10 weeks of medical treatment and suffered injury to the left-hand pelle of the e-mail in need of medical treatment.

3. In light of the contents of the changed facts charged by the prosecutor's assertion of mistake of facts and the changed facts charged, the prosecutor's assertion of mistake of facts is still meaningful, and this is also examined together with the judgment of the changed facts charged.

A. According to the video recorded on the face of the crime of this case, it is unclear whether Defendant A assaults the victim, and Defendant A was the victim.

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