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(영문) 서울남부지방법원 2014.09.19 2014노259
폭력행위등처벌에관한법률위반(공동폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the summary of the grounds of appeal by the victim and F, the court below acquitted the facts charged of this case on the basis of the compilation video, although it can be acknowledged that the assault by the defendant as a force of force against the victim was committed. The court below erred by misapprehending the facts without exhaust all necessary deliberations.

2. Determination

A. The summary of the facts charged is that the defendant belongs to the "Emergency Countermeasure Committee" of the D church in Yangcheon-gu Seoul Metropolitan Government, and the victim E (the age of 57) belongs to the same church's "organizations that directly establish the church".

On October 14, 2012, at around 11:20, the Defendant assaulted the victim by towing the back part of the victim by hand while paying for the expenses of the victim as a legitimate issue of public announcement attached to the church in the front corridor of the third floor of the above Diplomatic Association at the "Emergency Countermeasure Committee".

B. Determination 1) The lower court filed a complaint with the Defendant and F, alleging that F (the Defendant and F together with the victim at the time of committing the instant crime) committed an assault against the victim.

) After considering the video CD submitted by the victim, the police made a statement to the effect that “the defendant and the victim fights and take the victim’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son.”

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