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(영문) 서울중앙지방법원 2012.11.02 2012노3083
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant F (Definant) was aware that he was wraped by Defendant F, and only P was boomed by booming or drinking.

There is only the fact that he did not participate in the fighting and that he does not speak and speak on the side.

B. In light of the fact that Defendant G (unfair form of punishment) is divided into a mistake, contingency is generated, and it is difficult to conduct such a circumstance, the punishment imposed by the court below (7 million won of fine) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the defendants 1) are as follows: ① under contact with P, etc. which is a part of the organization of this paper, the defendants came to the "NS", which is the site of this case; ② there is no kind of relationship with P, E, etc., the organization of this paper; ② there is no relationship with P, etc., the defendant F, at the time of the "NS"; ③ the defendants' conduct arrived at K and entered the fourth floor of the above NSS, and entered into the 2nd group of 4th century; ④ the same opportunity between the defendants and the victim during the course of violence and punishment; ⑤ the defendant's joint act of violence and punishment is acknowledged to be the same opportunity for the victim to be the victim outside of the 2nd group of GS.

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