logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대법원 2012.07.12 2011도15892
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed, and the case is remanded to Cheongju District Court Panel Division.

Reasons

We examine the grounds of appeal.

1. The summary of the facts charged in the instant case and the summary of the judgment of the lower court (1) of the instant charges against the Defendants are as follows: (a) at the K new construction site located in the Chungcheong-si court around September 14, 2010; (b) at the time of the Haju-si (J); (c) Defendant A, in the form of each dangerous article in dispute with the victim F, once she gets off the F shoulder at one time; and (d) at once she f’s side fbucks due to steel bars at eight times; and (e) Defendant B, in addition, she f’s head and fbucks with each dangerous article at one time; (c) Defendant C, while walking the right buckbucks of the F, she carried with the left part of the F with each dangerous article; and (d) Defendant D, in the form of the victim’s fighting at the left end, he she carried with the victim’s 1, the victim’s 1, who was under joint treatment.

(2) In light of the circumstances set forth in its reasoning, the lower court: (a) found Defendant A and Victim F’s fighting was completed first, and Defendant C used F only before the fighting took place between Defendant A and the victim; (b) did not appear to have been involved in the crime after Defendant A assaulted F on each item; and (c) Defendant C perceived Defendant A et al. as an assaulting F on each item.

For the reason that it is difficult to deem that Defendant C was either capable of being aware or was guilty, among the facts charged in the instant case, the first instance court reversed the conviction on the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) against Defendant C, and acquitted Defendant C, etc., only violation of the Punishment of Violences, etc. Act (joint injury) against the victim F jointly with Defendant A, etc.

arrow