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(영문) 서울고등법원 2018.03.22 2017노1196
특수상해등
Text

The prosecutor's appeal is dismissed.

Reasons

The summary of the facts charged is C, D, E, F and relative relationship.

around 06:45 on January 30, 2016, the above C and E did not agree with each other in H points located in Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as “I”) and were in conflict with the other.

Accordingly, the victim J (22 3) who is the 1st manager, pushed the said body fighting with the victim J in his hands, and the victim J was flabed by the victim J, and the said E was pushed down with the victim J in his hand.

On the other hand, the Defendant was dissatisfied with the victim K (19 years), L (19 years) who was eating food within I, and franced with the victim K and L (19 years of age) by combining the above I with the above C, D, E, F. The Defendant and C, together with the Defendant and C, continued to have the head of the victim K and the above D were knee knee knee knee k's face, while the above F and C together sealed the victim M (20 years of age) who is an employee of I store.

Accordingly, the Defendant jointly with C, D, E, and F, followed the victimJ in return for the right-hand repayment in need of treatment for about 14 days, followed the victim M by the inspection of the other parts of the item, and assaulted the victim K and L respectively.

The lower court determined that the special injury (Articles 258-2(1) and 257(1) of the Criminal Act) that requires “a public prosecutor to produce collective or multiple force” in the name of the crime in the indictment and the column of the applicable law after explaining the legal doctrine regarding the meaning of “aggravated threat” in a special injury or assault, and the meaning of “joint injury or assault,” and on the other hand, the special assault (Articles 261 and 260(1) of the Criminal Act) that requires “a public prosecutor to produce collective or multiple force” is written in the column of the applicable law, while the special assault (Articles 258-2(1) and 257(1) of the Criminal Act is written in the column of the public prosecution room, and only the phrase “joint” is written in the Gu.

As to this, the lower court also held that the part of joint injury and assault under the Punishment of Violences, etc. Act, in addition to the part of special injury and assault under the Criminal Act.

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