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(영문) 서울남부지방법원 2015.04.09 2014노1694
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The judgment of the court below is reversed.

Each public prosecution against the Defendants is dismissed.

Reasons

1. The summary of the grounds for appeal is as follows: (a) under the circumstances in which the believers belonging to the F and the opposite believerss are sealed and sealed in the stairs prior to the second floor of the Escopic distribution, Defendant A only delivered the victim’s shoulder and down to the lower stairs due to concerns over the humping of the victim’s shoulder; (b) Defendant B also did not assault the victim’s humping.

In addition, even if the Defendants exercised the force of force, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby convicted the Defendants.

2. Determination

A. On January 1, 2014, at around 23:00, the Defendants’ summary of the facts charged obstructed the entry of the “Emergency Countermeasure Committee” or a group of members who are opposed to the church within the church from the stairs prior to the second floor distribution in Yangcheon-gu Seoul Metropolitan Council, to the second floor distribution. Defendant A, by double descendants, tightly pushed the victim H, etc. from the stairs, and Defendant B was pushed down from the stairs. Defendant B was tightly sealed by the two descendants.

Accordingly, the Defendants jointly assaulted the victim.

B. As to the judgment of the court below, the court below found the Defendants guilty on all the above facts charged by comprehensively taking account of the witness H’s legal statement and the results of viewing video CD reproduction.

C. The following circumstances are acknowledged based on the judgment of the court below and the evidence duly adopted and examined by the court below as to Defendant A’s violation of the Punishment of Violences, etc. (joint assault) (hereinafter “F”), i.e., ① the Defendants, as the believers affiliated with the “F” within the Ecom Association, was prevented from entering the second floor of the Ecom Association on the day of the instant case into the second floor of the Ecom Association. However, the victim under the Ecom Association was in the upper part of the stairs where the Defendants were the Defendants, to take a photograph of the situation at the time.

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