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(영문) 의정부지방법원 2020.09.24 2019노345
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment below

Of them, the part on Defendant E shall be reversed.

Defendant

E shall be punished by a fine of two million won.

except that this shall not apply.

Reasons

1. Summary of grounds for appeal;

A. Defendant A was unilaterally informed of the face of the victim E, and there was only a fact that the victim E was inevitably caught, and there was no use of any tangible force against the victim E in addition to this, in order to prevent any more assault.

Nevertheless, the lower court found the Defendant guilty of this part of the facts charged, which erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment.

B. The punishment sentenced by the lower court (four months of imprisonment, two years of suspended execution) is too unreasonable.

C. Defendant E (1) For the same reasons as indicated in the misunderstanding of facts and misapprehension of legal principles, the lower court erred by misapprehending the legal doctrine, thereby adversely affecting the conclusion of the judgment. (A) The Defendant did not err by misapprehending the legal doctrine on the face of the victim A.

B) The Defendant’s act of resistance against the Defendant’s unilateral assault committed by the victim B is a self-defense. The Defendant suffered two injury by the unilateral assault committed by the victim B, and the Defendant did not have the ability or decision-making ability to discern things due to mental or physical disorder at the time. 2) The punishment (three million won of fine and one year of suspended execution) sentenced by the lower court of unfair sentencing is too unreasonable.

1) According to the evidence submitted by the public prosecutor, such as the misconception of facts (the testimony of witness I to the defendant A and B and the video recorded by the defendant I with the cell phone, the defendant Eul's act of assaulting the victim E with the intent of participating in the defendant A's assault and recognizing the fact that the defendant A did not commit the assault of the defendant B while recognizing it. The above act of the defendants is committed by the defendants.

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