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(영문) 서울서부지방법원 2014.10.16 2014노337
폭력행위등처벌에관한법률위반(공동폭행)
Text

The judgment of the court below is reversed.

Defendant

The sentence for B shall be suspended.

Defendant

A. Innocence A. Defendant A.

Reasons

1. The summary of the grounds for appeal did not include when the victim's face or back is less than the victim's face as stated in the judgment of the court below, and although the defendant B did not return the defendant's teacher's identity card, and the defendant B did not have the victim's flaps, the court below found the defendant guilty in all of the facts charged, it erred by mistake of facts.

2. Determination

A. The summary of the facts charged is as follows: around 00:20 on March 15, 2013, at the street of Seodaemun-gu Seoul, Seocheon-dong 72-2, Seocho-gu, Seoul, and on the ground that Defendant A, who was aboard a cab operated by the victim E, asked for a fee of KRW 50,000,000 to the Government of the Republic of Korea to ask the victim for the fee. Defendant A, who was deprived of the victim’s face from a cab, her hand, her fld the victim’s face, and Defendant B her flatd the back of the victim’s back at one time and flatd the victim’s flat.

Accordingly, the Defendants jointly assaulted the victim.

B. The lower court rejected the Defendants’ respective original judgment, the Defendants’ statements at the investigative agency, the victims, and G’s respective original trials and investigative agencies as evidence, thereby finding the Defendants guilty of all the charges, and on the grounds that Defendant B’s act of using fulbbage does not violate social rules.

C. However, in light of the following circumstances, the evidence submitted by the court below, including the evidence and the victim’s statement at the trial court, and the evidence presented at the court below, it is difficult to acknowledge the fact that Defendant A lost the victim’s face and that Defendant B was less than the victim’s back, and there is no other evidence to acknowledge it. However, it is only recognized that Defendant B performed b’s fatching solely in the victim’s face.

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