(영문) 서울중앙지방법원 2012.11.01 2012노2318

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(영문) 서울중앙지방법원 2012.11.01 2012노2318

폭력행위등처벌에관한법률위반(공동폭행)등

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The judgment of the court below is reversed.

Defendants shall be punished by a fine of KRW 300,000.

The above fine shall not be paid by the Defendants.

Reasons

1. Summary of grounds for appeal;

A. [2010cc. 6165] With respect to the case, the Defendants did not commit an act of assaulting the victim D in collaboration with H, or committing an act of assaulting the victim C.

(b) In connection with the case of [201 High Court Decision 2249], Defendant B did not assault the victim I in collaboration with J and K.

C. Nevertheless, the lower court found the Defendant guilty of the facts charged of this case. In so determining, the lower court erred by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.

2. Determination:

A. [2010cc. 6165] The following circumstances revealed by the evidence duly adopted and investigated by the court below of the case, namely, ① D and C consistently make a statement from the investigative agency to the effect that they were assaulted by the Defendants as stated in the judgment of the court below from the investigation agency to the court of the court below, ② On-site photographs also correspond to the purport of the statement D and C, the defendants can sufficiently recognize the facts of assaulting D and injuring by assaulting C as stated in the judgment of the court below, and thus, this part of the defendants’ assertion is without merit.

B. In full view of the evidence duly admitted and examined by the lower court of the instant case, Defendant B, jointly with J and K, can sufficiently recognize the fact of assaulting the victim I as stated in the lower court’s holding, and thus, Defendant B’s allegation on this part is without merit.

C. However, in light of the circumstances that may be considered in the course of the instant crime and the fact that the damage is relatively minor, and the conditions of sentencing as stated in the instant argument, such as the Defendants’ age, character, conduct and environment, motive, means and consequence of the instant crime, etc., it is recognized that the sentence imposed by the lower court is too unreasonable.

3. The judgment of the court below is reversed pursuant to Article 364(2) of the Criminal Procedure Act, and the following is ruled again after pleading.

Criminal facts

this Court recognizes the substance of the evidence and the summary thereof.

참조조문

-형사소송법 제364조 제2항

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