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(영문) 대전지방법원 2017.07.06 2016노2473
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

Part of the defendant A, B, D, and E shall be reversed.

Defendant

A. 4 million won, Defendant B.

Reasons

As to the charge of violation of the Punishment of Violence, etc. Act (joint injury) by Defendant B and A among the facts charged in the instant case, Defendant B and A did not injure the victim J by 3 to 4 meters away from the victim J’s upper chest and 3 meters away from each other.

Of the facts charged in the instant case, Defendant A and C violated the Punishment of Violences, etc. Act (joint injury). Defendant C merely did not intend to get the victim K by gathering the victim’s chair, but did not intend to get the victim’s chair. Defendant A did not have the victim’s knife knife knife knife knife knife knife knife knife knife knife with knife knife

Of the facts charged in the instant case, Defendant A’s assault committed an act of assaulting the victim’s L, and Defendant A only did not take photographs to prevent the victim’s L from taking pictures, and there was no fact that Defendant A did not take the part of the victim’s L.

Of the facts charged in the instant case, as to the violation of the Punishment of Violences, etc. Act (joint injury) by Defendant D and E, Defendant D did not agree with the victim M’s right to walk once a side of the victim M, and Defendant E was flicking the victim M with the right to walk, and Defendant E did not go beyond the bottom of the lower part of the victim M.

Nevertheless, the judgment of the court below which found the Defendants guilty of all the charges of this case is erroneous in the misunderstanding of facts and misunderstanding of law, which affected the conclusion of the judgment.

The punishment sentenced by the court below (the fine of KRW 5 million for Defendant A, the fine of KRW 1 million for Defendant B, the fine of KRW 3 million for Defendant C, the fine of KRW 2 million for each of the fines of KRW 2 million for Defendant D, and E) is too unreasonable.

As to the Defendants’ assertion of misunderstanding of the facts and misapprehension of the legal principles, the summary of the facts charged in this part of the charges against Defendant B and A’s violation of the Punishment of Violences, etc. Act (joint injury) is located in the I restaurant located in Hasan-si around March 28, 2014.

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