(영문) 울산지방법원 2016.02.05 2015노939 | 리걸엔진

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(영문) 울산지방법원 2016.02.05 2015노939

폭력행위등처벌에관한법률위반(공동상해)

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was an assault by mistake of facts or misapprehension of legal principles, the Defendant committed an act of assaulting the victim, such as breathing flaps, the Defendant did not inflict an injury on the victim jointly with A and C.

B. The sentence of the lower court (an amount of KRW 3,00,000) that is unfair in sentencing is too unreasonable.

2. Determination

A. "When two or more persons jointly commit a crime of violence" under Article 2 (2) of the Punishment of Violences, etc. Act on the misunderstanding of facts or a misapprehension of legal principles requires that the two or more persons exist in the so-called co-offender relationship. In addition, several persons are aware of another person's crime at the same time and at the same place, and commit a crime by using it (see Supreme Court Decisions 95Do1642 delivered on February 23, 1996, 90Do2153 delivered on January 29, 191, etc.). In light of the above legal principles, the court below and the court below acknowledged the following circumstances acknowledged by evidence duly adopted and examined by the court below, namely, (i) the victim was faced with the CCTV between A and the victim who was the one of the defendants on the day of this case, and (ii) the victim who was the victim of CCTV and the victim who was the victim of the CCTV at the time of this case without permission, and (iii) the victim who was the victim of the CCTV.

A fighting match between the victim and the defendant is met, while the defendant and the victim met with spath, and the victim actively spathized with the spath, and the victim spathd with the head on the part of the victim. ③ The defendant and the victim made a statement at the investigative agency to the effect that the victim was spathd with the head on the part of the restaurant wall. ③ The defendant and the victim made a statement at the investigative agency to the effect that the victim was spathdd with the spathn with the spathn of the victim's hand, and the victim was spathd with the victim's hand, and ④ The defendant and the A are spathd with the victim's hand.

참조조문

-폭력행위 등 처벌에 관한 법률 제2조 제2항

참조판례

-대법원 1996. 2. 23. 선고 95도1642 판결

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