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(영문) 수원지방법원 2018.05.16 2017노9264
폭력행위등처벌에관한법률위반(공동폭행)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the statements of the victim F and G, even though the defendant B could have jointly committed an assault against the victim with the defendant Eul, the court below found the defendant B's act constituted a legitimate act against the defendant Eul, and found the defendant Eul not guilty of the violation of the Punishment of Violences, etc. Act (joint assault) against the defendants.

B. The lower court’s sentence (1,000,000 won) against Defendant A, which was unfair in sentencing, is too uneasy and unreasonable.

2. Determination

A. "When two or more persons jointly commit the crime of violence" under Article 2 (2) of the Punishment of Violences, etc. Act as to the assertion of fact-misunderstanding requires that the two or more persons exist in the so-called co-offender relationship, and it is required that several persons recognize the crime of another person in the same opportunity at the same place and commit the crime using the same (see Supreme Court Decision 95Do1642, Feb. 23, 1996). The court below, on the grounds the reasons stated in its reasoning, found that the act of the defendant B constitutes a justifiable act under Article 20 of the Criminal Act, on the ground that the act of the defendant B constitutes a violation of the Punishment of Violence, etc. Act (joint assault) with respect to the punishment of the defendant F, and found the defendant guilty for the crime of violation of the Punishment of Violences, etc. Act (joint assault) with respect to the defendant F, etc. Act (joint assault).

Examining the circumstances stated by the court below in accordance with the records and legal principles, the judgment of the court below is just and acceptable, and Defendant B conspired with Defendant A to assault the victim.

As such, there is no error of misunderstanding of facts as alleged by the prosecutor.

Therefore, the prosecutor's above assertion is without merit.

B. The fact that the victims of judgment on the unfair argument of sentencing want to be punished against Defendant A is an unfavorable circumstance.

However, victims;

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