(영문) 서울중앙지방법원 2021.02.02 2019노4221

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(영문) 서울중앙지방법원 2021.02.02 2019노4221

폭력행위등처벌에관한법률위반(공동상해)등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment with prison labor for six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. Defendants 1) misunderstanding of the facts or misunderstanding of the legal principles [the part concerning the violation of the Punishment of Violences, etc. Act (joint injury)] of the victim C is minor to the extent of 2 weeks prior to the occurrence of the injury, the Defendants committed contingent assault without having set a sound part, the victim's explicit consent to the assault was extended several times before and after the case, and there is no social and regular limit to deny the victim's right to self-determination, and the above victim's right to self-determination was established extensively. In full view of the fact that the limitation due to social rules is high likely to be stipulated, and that the above damage occurred from the victim who was not the defendants of this case, the court below found the defendants guilty of this part of the facts charged. The court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) The sentence of the lower court (Defendant A: a fine of KRW 2 million, Defendant P: a fine of KRW 1 million) is too unreasonable.

B. According to the statement of the victims and objective evidence corresponding thereto, although the defendants informed the victims of harm to the extent that the freedom of decision-making as stated in this part of the facts charged, and the victims suffering from drinking frighting, delivered 100 million won in total to the defendants on the condition that they delete the victim's sexual intercourse video, the court below acquitted the defendants of the violation of the Punishment of Violences, etc. Act (joint attack). The judgment of the court below is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

2) The sentence sentenced by the lower court to the Defendants is too unhued and unreasonable.

2. Determination

A. Defendants’ mistake of fact.

참조조문

-폭력행위 등 처벌에 관한 법률

유사 판례

-대전고등법원 2018.07.13 2018노179

-대전지방법원 2018.03.29 2017노1701

-부산고등법원 2018.01.18 2017노391

-서울고등법원 2017.01.12 2016노2300

-서울중앙지방법원 2018.01.26 2017노3519