(영문) 광주지방법원 2019.08.28 2019노147 | 리걸엔진

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Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2019.08.28 2019노147

업무방해등

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants’ sentence (Defendant A, B; each fine of KRW 1.5 million, Defendant C; fine of KRW 700,000) is too unreasonable.

B. In addition, considering the strength of the act, etc., Defendant A uses the victim D’s shoulder at his hand, and Defendant C uses the victim’s shoulder. The lower court acquitted Defendant A and Defendant C on the charges of violating the Punishment of Violences, etc. Act (joint assault) and the above assault by Defendant A and Defendant C. The lower court acquitted Defendant A and the above assault by the victim A and Defendant C. In so doing, the lower court erred by misapprehending the legal principles on unreasonable sentencing. 2) In so doing, the lower court erred by misapprehending the legal principles.

2. Determination

A. The lower court determined as to the assertion of mistake of facts based on the evidence duly adopted and investigated by the lower court, based on the following: (a) 30 deaf-mutes, including the Defendants, visited the victims’ workplace for the purpose of this paragraph; (b) the Defendants used assault against the other victims only among them; and (c) the Defendants and C committed assault against the victims in the course of debrising the said articles without exercising the direct force on the body of the victims; and (d) the Defendants committed assault against the victims on their books. In so doing, it was insufficient to view that the Defendants committed assault against the other victims and jointly committed assault.

Examining the evidence of this case in light of the record, the court below's decision that found the defendant not guilty of violation of the Punishment of Violences, etc. Act (joint violence) based on the above determination of evidence is just and acceptable.

In addition, the lower court also held that Defendant A’s act of promoting the shoulder of the victim D and Defendant C’s act of cutting down the victim F’s shoulder is the scambling of the Defendants, who are the deaf.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

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