(영문) 광주지방법원 2012.08.22 2012노840 | 리걸엔진

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(영문) 광주지방법원 2012.08.22 2012노840

폭력행위등처벌에관한법률위반(공동상해)

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A: Defendant A did not have any fact when the victim was satisfed. 2) Defendant B: Defendant B did not have any fact that the victim was satisfed, and Defendant B had the victim informed of the victim by selling. However, the above act constitutes self-defense, and there was no fact that the victim’s body was carried out several times by throwing the victim satisfe.

3) Defendant C: Defendant C could not be predicted that the other Defendants would be at the time of the injury to the victim, and there was no intent to jointly process the other Defendants’ actions. Thus, even if Defendant C was the mother ex officio of war so that the situation at the time of the instant case could not be taken, it cannot be deemed that there was a co-principal relationship with the other Defendants. Defendant D was not a co-principal relationship with the other Defendants. Defendant D did not enter the Trade Union and Labor Relations Office. Thus, Defendant D did not have been at the time of the injury.

5) Defendant E: Although Defendant E’s attacked the victim on his part, it constitutes self-defense or legitimate act. B. The sentence (Defendant A: 1.5 million won, Defendant B, and D: one million won, each of which was sentenced by the lower court on the part of the Defendants, and Defendant C and E, respectively, are too unreasonable.

2. Determination

A. The following circumstances, which are acknowledged by comprehensively taking account of the evidence duly adopted and examined by Defendant A on the assertion of mistake of facts or misapprehension of legal principles: (a) the victim made a statement that the situation at the time of the crime of this case and the appearance of the Defendants was made one time as described in the facts charged when the victim made a specific and individual statement; (b) there are no circumstances that make it difficult or contradictory to believe the victim’s statement; and (c) there are no objective circumstances that make it difficult or contradictory to believe the victim’s statement; and (d) the victim led the Defendants in his opposite position to the management office of the Trade Union and Labor Relations Commission, and approximately twenty (20) the members of the Trade Union and Labor Relations Commission

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