logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.10.17 2014노934
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

1. The summary of the grounds for appeal by the prosecutor is consistent to clearly state their injury, and even according to the defendants' statements, there was a physical conflict with the victims in the course of entering the AA Hospital, so credibility is sufficiently recognized.

Therefore, in the process of occupying AA Hospital, the Defendants exercised the power of the group and organization to inflict injury on the victims and damaged them, so there is an implied conspiracy and functional control over the act of injury and damage in the process of occupation.

Nevertheless, the judgment of the court below which acquitted all of the facts charged of this case is erroneous as affecting the conclusion of the judgment.

2. Determination on the grounds for appeal

A. The summary of the facts charged in the instant case is the person who was awarded a bid in the name of a State AB on February 2, 2009, and Defendant B is the director of the State BAC, and Defendant C is the manager of Defendant D, Defendant E, Defendant F, Defendant G, Defendant H, Defendant I, Defendant J, Defendant J, Defendant J, AD, Defendant K, Defendant M, Defendant M, Defendant N, DefendantO, Defendant P, Defendant Q, Defendant Q, Defendant R, Defendant R, Defendant S, and Defendant C are those engaged in each security service.

Defendant

A was awarded a successful bid for AA Hospital, but the owner of the building at the construction process of the said hospital failed to pay the construction cost properly to the contractor of the said hospital, and therefore, the companies participating in construction such as AE showed the attitude to exercise the lien on the above hospital building. Accordingly, from around August 2009 to around September 11, 2009, Defendant A had been staying in the above hospital and had Defendant E and Defendant Q et al. prevented the possession of the lien holder while staying in the above hospital, but around September 11, 2009, around September 11, 2009, the victim AF (28 years old) who is an employee of AE and the victim H (47 years old) who is a guard service provider, claiming the lien on the above hospital building.

arrow