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(영문) 수원지방법원 2012.11.08 2012노3946

폭력행위등처벌에관한법률위반(공동폭행)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Judgment on Defendant A’s appeal

A. The summary of the grounds for appeal 1) The Defendant did not assault the victim as stated in the facts charged, such as misunderstanding of facts. 2) The sentence of the lower court on unreasonable sentencing (one million won of a fine) is too unreasonable.

B. 1) Determination 1) In full view of the following circumstances that can be recognized by the court below by comprehensively taking into account the evidence legitimately adopted and investigated by the court below as to the assertion of mistake of facts, i.e., ① the victim made a statement to the effect that it conforms to the facts charged by the investigation agency, ② the witness E’s statement to the investigation agency also conforms to the victim’s above statement, ② even based on the defendant’s prosecutor’s statement, it can be sufficiently recognized that the defendant committed joint assault with the above defendant B, such as the statement in the facts charged, even if the defendant made the victim’s hand room at once. 2) The defendant did not seem to have continuously denied and opposed to the crime, even if the defendant had committed assault with the above defendant B as stated in the facts charged, and the defendant has already been punished twice due to the same kind of crime. In full view of all the sentencing conditions, it cannot be deemed that the sentence of

2. The fact that the Defendant’s judgment on Defendant B’s appeal is dissatisfied with the lower judgment and filed an appeal on August 27, 2012, and on September 13, 2012, the Defendant failed to submit the statement of grounds for appeal by the lapse of 20 days from the receipt of the notification of the receipt of the trial record from the said court on September 13, 2012 is apparent in the record, and the petition of appeal does not contain any indication of the grounds for appeal, and no other record is found even

3. In conclusion, Defendant A’s appeal is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act. Defendant B’s appeal shall be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act. However, Defendant A’s appeal shall be dismissed by decision.