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(영문) 서울고등법원 (춘천) 2018.06.20 2017노174
폭력행위등처벌에관한법률위반(공동상해)
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The judgment below

Part of the compensation order, except the compensation order, shall be reversed.

1. Defendant A shall be punished by imprisonment with prison labor for a period of eight months.

Reasons

1. The court below rejected the application for compensation order filed by the applicant D, and the applicant for compensation cannot file an objection against the judgment dismissing the application for compensation pursuant to Article 32 (4) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings. Thus, the case of compensation application was immediately finalized.

Therefore, the rejection of an application for compensation order among the judgment of the court below is excluded from the scope of this court.

2. Summary of reasons for appeal;

A. Fact misunderstanding 1) The Defendants did not have made a speech or sexual harassment against the victims, and the victims first caused a dispute while taking a bath against the Defendants.

B) Although Defendant A used the victim G to assault the victim, Defendant A did not have used the victim D to assault the victim, and Defendant C did not have used the victim’s assault to anyone.

C) Although Defendant B assaulted the Victim G and caused the Victim D’s head debt, Defendant B did not assault the Victim D by drinking and saling the Victim D.

2) Defendant B did not commit an indecent act by force against Defendant B by force against the victim D’s chest.

B. The sentence of the lower court (one year of imprisonment with prison labor for Defendant A, two years of suspended execution, two years and six months of imprisonment with prison labor for Defendant B, one year and one year of suspended execution for Defendant C) is too unreasonable.

3. Finding a mistake as to the violation of the Punishment of Violences, etc. Act (joint injury)

A. The summary of the facts charged is as follows: (a) the Victim G (the 33 years of age) who fested from the back seat while drinking alcohol at the F main point of nuclear power in nuclear city E around October 5, 2016, around 22:55; (b) the Defendants g (the 33 years of age) who fested from the back seat.

In the end, the Defendants grow up with the results of the 1st century.

“......”

이후 피해자 D( 여, 33세) 가 남자친구와 통화를 하자 피고인 B은 뒤를 돌아 “ 오빠라고 불러 라, 여자는 하얗게...

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