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(영문) 서울중앙지방법원 2020.02.07 2019노2042
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants did not jointly assault E. The misunderstanding of facts.

B. In light of the legal principles, since Defendants were able to engage in an injury while taking a bath to the Defendants, the Defendants’ act of pushing ahead or putting in E while drinking with E constitutes self-defense.

C. The sentence imposed by the lower court on each of the Defendants (two years of suspended execution in June and three million won in case of Defendant A) is too unreasonable.

2. Judgment on misconception of facts and misapprehension of legal principles

A. Comprehensively taking account of the following facts and circumstances acknowledged by the lower court based on the evidence duly admitted and investigated by the lower court as to whether the Defendants committed an assault to the victim as stated in the facts charged.

The Defendants’ assertion of mistake is without merit.

① The victim E consistently stated from the investigative agency to the lower court that Defendant A her flapsed, her flapsed, and Defendant B her soned his body, and her flapsed and her flapsed.

② According to CCTV image (Evidence No. 101 of the Record), Defendant A first pushed the victim at around 13:14:5 on April 16, 2018, with both hands, around 13:14:5, and first pushed the victim at around 13:14:58; Defendant A was pushed the victim at around 13:14:58; Defendant A, the body of which was small; Defendant B pushed the victim’s left side at around 13:15:00; Defendants carried the victim’s body from both sides of the victim; Defendants 13:15:46; Defendants pushed the victim over the victim; Defendants continued to use the victim’s face at around 13:16:50; Defendants 13:13:50; and Defendants 13:17:10 of the victim’s face.

③ Defendants

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