(영문) 수원지방법원 2018.10.22 2018노2723 | 리걸엔진

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(영문) 수원지방법원 2018.10.22 2018노2723

폭력행위등처벌에관한법률위반(공동상해)

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The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. According to the evidence submitted by the prosecutor, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, although the defendant could have inflicted an injury on the victim jointly with C, etc. or at least inflicted an assault.

2. Prior to the judgment on the grounds for appeal by the prosecutor ex officio, the prosecutor examined the facts charged in the instant case as to the following facts: “Violation of the Punishment of Violences, etc. Act (joint assault)”; “Article 2(2)1 of the Punishment of Violences, etc. Act; Article 260(1) of the Criminal Act”; and Article 260(3) of the applicable Act of the Act on the Punishment of Violences, etc.; and

A. (1) An application for amendment to a bill of amendment was filed by adding paragraphs on a daily basis, and since this court permitted this, the judgment of the court below was no longer maintained as the case was tried.

However, the prosecutor's assertion of misunderstanding the facts is still subject to deliberation within the scope of the revised facts charged, and the following changes are examined.

3. Judgment on the grounds for appeal

A. On February 26, 2017, the gist of the facts charged in the instant case: (a) the Defendant, along with those who are not aware of C and his name; (b) on February 26, 2017, at around 10:30, the first floor of the E building located in Overcheon-si D, the Defendant directed the victim FI (51) who was unable to know about C and his name, to prevent the Defendant from getting out of the elevator in order to capture the G church principal H on the 9th floor of the instant building; (c) those who are not aware of his name from around the victim; and (d) those who were unable to know of the name, left the body of the victim by hand in order to pushed up the body of the victim and prevent from getting out of the victim; and (d) C left the body of the victim by hand.

Accordingly, the defendant joints with those who are not aware of C and name.

참조조문

-폭력행위 등 처벌에 관한 법률

-폭력행위 등 처벌에 관한 법률 제2조 제2항 제1호

-형법 제260조 제1항

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