(영문) 전주지방법원 2016.07.22 2015노1279 | 리걸엔진

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(영문) 전주지방법원 2016.07.22 2015노1279

폭력행위등처벌에관한법률위반(공동폭행)

Text

The judgment of the court below is reversed.

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. Summary of grounds for appeal;

A. The Defendants were not guilty of assaulting the victim as stated in the facts charged.

B. The lower court’s sentence against the illegal Defendants (Defendant A: fine of KRW 300,00,000, and fine of KRW 500,000) is too unreasonable.

2. Determination

A. On April 26, 2014, the Defendants: (a) around 11:00 on the facts charged of the instant case: (b) in E located in Seojin-gu, Seoul; (c) the victim F (n, 69 years old); and (d) the victim F (neither was the victim’s obligation relationship; and (d) the Defendant A turned the victim’s chest toward the victim’s breast part in his hand; and (e) the Defendant B turned the victim’s breast part in his arms over the congested floor.

Accordingly, the Defendants jointly assaulted the victim.

B. The lower court determined that: (a) the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court; (b) the victim, who was the victim from the investigative agency to the court of the lower court, committed assault against the victim by assaulting the victim by making a verbal dispute with the victim.

As the statement is made, the contents of the statement are consistent and specific, and thus, there is credibility; ② the witness's statement of the original witness G also complies with the victim's statement; ③ H and I did not witness the defendants' assaulting the victim.

In light of the facts stated in the judgment below, the court below found the defendants guilty on the ground that the defendants could sufficiently recognize the facts of assaulting the victim as stated in the facts constituting the crime in the judgment of the court below, in full view of the fact that the defendants and the victims did not witness only the situation where the victim was in excess of the victim and the circumstance where the victim was in excess of the victim appears to have not been observed, and I appears to have avoided the middle space without witnessing all the ditches between the defendants and the victim (the witness G appears to have been witnessed from the beginning)

(c)

(1) However, the lower court’s aforementioned determination.

유사 판례

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-인천지방법원 2013.10.25 2013노1998