(영문) 서울고등법원 2020.05.22 2019노2711 | 리걸엔진

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(영문) 서울고등법원 2020.05.22 2019노2711

특정범죄가중처벌등에관한법률위반(보복폭행등)등

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All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. The lower court dismissed the prosecution against the Defendant as to the charge of assaulting the Victim B (2018 Gohap617) and assaulting the Victim C (2018 Gohap623) among the charges charged against the Defendant, and convicted the Defendant of the remainder of the charges except the dismissed part.

Since the defendant and the prosecutor appealed only the guilty part, the dismissed part was not dismissed separately as it is.

Therefore, the scope of this court's judgment is limited to the conviction part of the judgment below.

2. Summary of grounds for appeal;

A. Defendant 1) The lower court’s failure to conduct a trial as a participatory trial despite Defendant’s wish to do so is illegal. 2) The criminal facts of the first instance court’s judgment, i.e., mistake of facts and misapprehension of legal principles: Defendant did not see the customer with his/her floor by hand or with his/her hand by hand. Defendant’s disturbance does not lead to any fact that singing customers go out of the room. (B) Criminal facts of the lower judgment, No. 1(b)(Obstruction of Business) of the Criminal facts of the lower court’s judgment, and there was no fact that Defendant did not interfere with the victim’s business.

C) Crime No. 2 (Intimidation) of the judgment of the court below: There is no fact of intimidation against the victim K.D.) criminal facts as stated in the judgment of the court below. Paragraph 3 (Assault) of the crime of the court below. There is no

E) Criminal facts of the judgment of the court below [Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes] Article 4 (Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes]: The victim P was suffering from the victim's body in order not to cover the chest first and the victim's face was faced with, and the defendant did not assault the victim. (F) criminal facts of the judgment of the court below: Article 6 (Special Violence) of the Criminal facts of the judgment of the court below (Special Violence): The victim S was suffering from the victim's illness in order to threaten him first, and the defendant was carrying dangerous articles.

참조조문

-특정범죄 가중처벌 등에 관한 법률

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