(영문) 청주지방법원 2015.10.23 2015노436 | 리걸엔진

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(영문) 청주지방법원 2015.10.23 2015노436

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Around 17:00 on March 20, 2014, the Defendant collected two rocks of adult drinking, which is a dangerous object, in front of the Cheongju Agricultural Cooperative, a middle-ro, 319-ro, Cheongju-si, Cheongju-si, Cheongju-si, with a view to drinking, and used a DNA car driven by the victim C (the age of 43) toward the Defendant, and assaulted the victim in line with the senior glass window for the said car.

2. Judgment of the court below and a summary of the grounds for appeal

A. In full view of the evidence duly adopted and examined by the court below, the court below found the defendant guilty of the defendant on the ground that "It cannot be deemed that the defendant's use of the above vehicle was a tangible force against the victim's body, and it cannot be deemed that it constitutes a "Assault" as provided by Article 260 (1) of the Criminal Act, since it cannot be deemed that the defendant's use of the above vehicle was an exercise of force against the victim's body."

B. The gist of the grounds of appeal is that the Defendant was faced with the victim who was seated in the driver’s seat of the pertinent car, and this constitutes “disent violence” under Article 260(1) of the Criminal Act by exercising the physical or mental suffering by directly or indirectly affecting the victim.

Nevertheless, the judgment of the court below which acquitted the defendant of the facts charged in this case on the ground that the defendant merely recognized that he was a stone toward the above car or that the defendant's act did not constitute the above "Assault", is erroneous in the misapprehension of facts or in the misapprehension of legal principles,

3. An ex officio prosecutor shall regard the name of the defendant as "special property damage" and the applicable provisions of law in the case of violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.).

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제260조 제1항

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