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(영문) 서울중앙지방법원 2018.10.25 2018노1664
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles are merely assaulting the victim individually. As such, the Defendants jointly committed an injury to the victim.

subsection (b) of this section.

The victim cannot be deemed to have reached the extent of hindering the freedom of decision-making by the Defendants, and there was no explicit intention of refusal to prepare each letter, and some contents were prepared by the victim himself, so the crime of coercion cannot be deemed to be established.

B. The sentence that the court below sentenced unfair sentencing (the community service order of two years and one hundred and twenty hours of probation in Defendant A’s imprisonment, and the community service order of two years and one hundred and twenty hours of probation in Defendant B’s imprisonment) is too unreasonable.

2. Determination

A. As to the assertion of misunderstanding of facts and misapprehension of legal principles, the Defendants alleged the above assertion in the lower court as to the violation of the Punishment of Violences, etc. Act (joint injury).

The court below acknowledged the circumstances as stated in its reasoning based on the evidence duly admitted and investigated, and in light of the above, the defendants jointly inflicted injury on the victim.

The decision was determined.

In light of the facts duly admitted by the court below, the judgment of the court below is justified in addition to the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below.

Examining CCTV images in the field of the instant case, Defendant B’s satis and satisfyeded the victim as well as Defendant B’s satisfy, and the victim assaulted the victim, Defendant B viewed the victim’s satisfy without changing the attitude, Defendant B was at all playing or satisfyed, and Defendant B attempted to move the victim by leaving the shoulder of the victim’s shoulder and moving the victim to another place without stopping the assault.

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