(영문) 서울중앙지방법원 2013.10.01 2013노953

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(영문) 서울중앙지방법원 2013.10.01 2013노953

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment of the court below is reversed.

Defendant

A shall be punished by a fine of 5,00,000 won and by imprisonment of 8 months for each of the defendants B.

Defendant .

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged against Defendant A, the determination of facts and misapprehension of legal principles as to ① interference with business, (i) the removal of this case is deemed not a legitimate business, and thus there is no intention or intentional mistake, (ii) the removal constitutes a justifiable business, and (ii) the violation of the Assembly and Demonstration Act is not a legitimate business, and thus, (i) the participants are not participants, (iii) the assembly is not participants, or the dispersion order is not possible due to contingent assemblies, and (ii) there was no assault or intimidation on the obstruction of business, and (iv) the violation of the Punishment of Violences, etc. Act (injury to group, deadly weapons, etc.), and there was no intention or intention.

Nevertheless, the court below found all of the charges guilty, and there is an error of law by misunderstanding of facts and misunderstanding of legal principles that affected the conclusion of the judgment.

B. Defendant B’s assertion of the misapprehension of the legal principles is justified as it occurred in the process of protecting the right of the removal citizens’ right against the removal of unfair forced removal, and thus, it does not violate the social rules.

Nevertheless, the court below found all of the charges guilty. The court below erred by misapprehending the legal principles, which affected the conclusion of the judgment.

C. The sentence (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 2 million) pronounced by the lower court on the prosecutor’s assertion of unreasonable sentencing against the Defendants is too uneased and unreasonable.

In addition, the court below sentenced Defendant A to a fine for the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a group or deadly weapons, etc.) which found Defendant A guilty, although there is no statutory penalty.

2. Determination:

A. Judgment on Defendant A’s assertion of mistake of facts

참조조문

-집회 및 시위에 관한 법률

-폭력행위 등 처벌에 관한 법률

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