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(영문) 서울중앙지방법원 2015.09.11 2015노2234
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that a mistake of fact accused gets the victim from the back part of the victim's timber and let the victim out of the distribution.

In addition, even if the members of the church including the defendant et al. had a tangible force against the victim's will in the process of drawing the victim out of the way of the distribution, it was intended to maintain the order of the joint conference, so it cannot be deemed that the defendant had an intention to assault the victim.

Nevertheless, the court below found the defendant guilty of the facts charged of this case. The court below erred by misunderstanding facts and affecting the conclusion of the judgment.

B. In light of the legal principles, the victim did an act of disturbance while demanding the right to speak for the purpose of obstructing the progress of the joint conference even though he did not have the right to speak at the time of the instant case. At night, there was a need to proceed promptly since more than 2,000 members attended the joint conference for voting, and there was a need to proceed with the meeting promptly. Although the members including the inspectors requested the victim to refrain from acting in a disturbing act, the victim did not refuse it and continued the disturbing act, but the inspection committee members did not exercise excessive tangible power in the process of attracting the victim out of the wedding distribution. In full view of the fact that the inspection committee members including the defendant did not use excessive tangible power in the process of inducing the victim out of the wedding distribution, it constitutes a justifiable act

C. The lower court’s sentence of unreasonable sentencing (fine 500,000) is too unreasonable.

2. Determination

A. We examine the argument of mistake of facts. The evidence duly adopted and examined by the court below, namely, the consistent statement in investigation agency E and the court of the court below, the defendant's statement in investigation agency, and the result of the CD reproduction viewing, as shown in the judgment of the court below, are bringing the defendant into the will of the victim with other members, as shown in the facts charged in the judgment of the court below.

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