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(영문) 서울동부지방법원 2016.12.08 2016노991
폭력행위등처벌에관한법률위반(공동폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misapprehension of legal principles, Defendant A and Defendant B made a serious bath to the victim E, and Defendant B also recognized that they exercised physical force to the victim. This is so far as it is not acceptable under social norms, and the Defendants jointly committed assault to the victim. However, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby recognizing only the assault committed against Defendant A as a sole offender, and acquitted Defendant B.

B. The lower court’s sentence of unreasonable sentencing (700,000 won of fine) against Defendant A is too uneased and unreasonable.

2. Determination

A. As to the facts charged in this case where Defendant A and Defendant B jointly committed assault to the victim E, the lower court consistently stated the following circumstances acknowledged by the evidence of the case, namely, that the Defendants stated to the effect that “the Defendant B was off or pushed away from the her mother,” and that “the Defendant B was at the time of physical contact with E. There was no memory as to whether the Defendant B was using the her mother and child,” and according to the record of the recording, the Defendant B expressed a desire to criticize or point out the outcome of the work of the E several times in the course of dispute between the Defendant A and E, but it was recognized that the Defendant took a desire to criticize or point out the same attitude of Defendant A’s work by going through several times in the process of dispute, and, at the same time, when Defendant A took a humping, the Defendants stated to the effect that “the Defendant B was off or pushed off from the her mother and her mother,” or, upon the two people’s dispute, it would be difficult to see that “the Defendant B took off the her 1 pum,” “I”.

Accordingly, the defendant B is seated later.

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