(영문) 부산지방법원 2017.05.18 2016노3332 | 리걸엔진

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(영문) 부산지방법원 2017.05.18 2016노3332

특수절도등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of violation of the Punishment of Violences, etc. Act (joint injury), the Defendant, by mistake of fact, was found guilty on August 14, 2015, even though there was only once 07:20 on August 14, 2015, the Defendant n's body was fleeped one time by drinking the victim N, and the Defendant did not flick the body of the victim, and the escape was flicking the victim. However, the lower court convicted all of the charges of this part of the facts charged, and the lower court erred

B. The lower court’s sentence (10 months of imprisonment) against an unfair defendant in sentencing is too unreasonable.

2. Determination

A. On August 14, 2015, the Defendant and F in this part of the facts charged: (a) around 07:20 on August 14, 2015, the Defendant and F had the victim N ( South, 33 years old) take care of female-child districts in the Busan Northern area; (b) on the ground that the Defendant and F had the victim take care of the reported room of this F, the Defendant and F go beyond the victim’s face on a one-time basis; (c) had the victim take care of the victim’s face on a one-time basis; and (d) had the victim go beyond the floor on a one-time basis; and (d) had the Defendant and F cut the victim’s body more than the floor on a one-time basis due to the defect that the victim intends to escape.

As a result, the defendant and F jointly assaulted the victims, thereby causing approximately four weeks of medical treatment to the victims, such as cage cages.

2) A joint principal offender under Article 30 of the relevant legal doctrine is jointly and severally committing a crime. In order for a joint principal offender to be established, a subjective requirement is the intent to jointly process and objective requirements, which requires the commission of a crime through functional control based on the common intent. A joint principal offender’s intent to jointly commit a specific criminal act should be one of the two things with the intention to jointly commit a specific criminal act, and the intention to jointly process ought to be transferred to one another’s execution by using another’s act.

Part of the activities that meet the requirements for composition among the competitors shall be borne directly.

참조조문

-폭력행위 등 처벌에 관한 법률

-형법 제30조

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