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(영문) 서울남부지방법원 2017.09.21 2016노1639
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendant C’s assertion of misunderstanding of fact did not intentionally commit an act of assaulting another person, such as taking a balance by unfashing his arms in an unfashing manner, and taking H’s left arms out of the Republic of Korea.

Defendant

A and B have not inflicted any injury by assaulting, such as putting a He’s h’s fluor, etc.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. The Defendants alleged misunderstanding of the legal principles were on the second floor of the worship in order to legally protect under the provisional disposition prohibiting entry by H et al. from preventing entry by the Seoul Southern District Court from obstructing entry by the Defendants, and from obstructing towing, the Defendants were on the second floor of the worship in order to legally protect.

In that sense, 50 to 60 persons, including H, interfered with such legitimate entry. Therefore, the Defendants committed assault and injury in the course of attempting to enter this Party to defend the current infringement of one’s own or another’s legal interests. Therefore, it constitutes legitimate defense.

(c)

Since unfair argument H et al. for sentencing have been able to interfere with the defendants' legitimate course of worship, the punishment sentenced by the court below (1.5 million won by each of the defendants) is too unreasonable.

2. Determination

A. The Defendants of the instant facts charged are members of the F church’s “G” or “Emergency Countermeasure Committee” located in Yangcheon-gu Seoul Metropolitan Government E.

On January 1, 2014, around 23:30 on January 23:30, 2014, the Defendants: (a) among the members of the F church 2nd to the dividends of the second floor in Yangcheon-gu Seoul Metropolitan Government, Defendant C was fleeped with the left arms of the victim H; (b) Defendant A, Defendant B, and C were flicked with the victim H’s blick, etc.; (c) Defendant A, Defendant B, and K was pushed away from the stairs, etc. of the said victim.

Accordingly, the Defendants are J, K, I.

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