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(영문) 서울중앙지방법원 2016.03.23 2015고정2827
폭력행위등처벌에관한법률위반(공동상해)등
Text

Of the facts charged in the instant case, the charge of violating the Punishment of Violences, etc. Act (joint injury) is not guilty.

Reasons

1. On April 25, 2015, the Defendant was required to leave the club security personnel to the relevant club, on the ground that the Defendant was unable to resist at the “E” club located on the second and second floor of Yongsan-gu Seoul, Yongsan-gu, Seoul, and Defendant’s daily behaviors, and that the Defendant was forced to move at the club security personnel, which led to mutual vision with the said club security personnel.

이에 피고인의 일행인 성명 불상자는 위 클럽 2 층에서 클럽 보안요원인 피해자 F의 얼굴을 손으로 1회 때리고, 피고 인은 위 클럽 1 층으로 내려가는 계단에서 클럽 보안요원인 피해자 G의 오른쪽 손목을 꺾고, 위 F의 왼쪽 정강이를 1회 걷어찼다.

As a result, the defendant, in collaboration with the victim G, brought about about three weeks of treatment to the victim G, who is infinite in the right finite, and assaulted the victim F.

2. Determination

A. Article 2 (2) of the Punishment of Violences, etc. Act requires that there exist two or more persons as co-offenders, and it means a case where the same opportunity is recognized by other persons and committed a crime using them at the same place (see Supreme Court Decision 85Do325, Jun. 11, 1985, etc.). (b) The following circumstances are as follows: (i) the formation of the instant case was under dispute between three U.S. people in the present site, and (ii) the members of the club and the U.S. people in Korea requesting the movement in the club were under dispute between them; (iii) the Defendant was not aware that three U.S. people and the U.S. people in Korea were not aware of them; and (iv) the Defendant was not aware that there were three or more U.S. people in Korea; and (iv) the Defendant was not aware that there was no participation in the instant case in the security and statement in the military.

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