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(영문) 수원지방법원 2015.08.19 2014노4530
폭력행위등처벌에관한법률위반(공동폭행)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the misconception of facts and misapprehension of legal principles (as to the violation of the Punishment of Violences, etc. (Joint Violence) against the Defendant and the statement by the police officer dispatched to the scene, the act of the Defendant B cannot be deemed to be merely a passive defensive act. However, the lower court acquitted Defendant B on the ground that the act of the Defendant B constituted self-defense and found Defendant A guilty only of simple assault (joint assault) on the premise of this, so the lower court erred by misapprehending the facts or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence of an unreasonable sentencing (as against Defendant A) by the lower court (as to a fine of KRW 300,000,000) is too unjustifiable and unfair.

2. We examine the judgment of the court below as to the defendants' assertion of mistake of facts and misapprehension of legal principles. The court below explained the judgment in detail under the title "the part of innocence against the defendant B", and found the defendant B not guilty of the violation of the Punishment of Violences, etc. Act (the crime of simple assault against the defendant A) on the ground that the defendant Eul's act of harming the defendant Eul's body was inevitably occurred in the course of speaking the defendant A et al. at the time of sexual intercourse, and it constitutes legitimate self-defense (the judgment of the court below is just, and there is no error of law by misunderstanding facts or by misunderstanding the legal principles as to self-defense, which affected the conclusion of the judgment. Thus, the prosecutor's argument of mistake of facts and misapprehension of legal principles is without merit.

[A witness who has been additionally examined in a trial (a police officer dispatched to the site immediately after the case)]

According to the statement, the police is at the site.

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