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(영문) 대전지방법원 2016.08.11 2016노996

상해

Text

The judgment below

Of them, the part on Defendant C and D shall be reversed.

Defendant

C and D shall be punished by each fine of KRW 7,000,000.

Reasons

1. Summary of grounds for appeal;

A. Defendant C1) Co-Defendant D’s misunderstanding of the facts alone assaulted the victim L, and the Defendant did not assault the victim L, and the victim L and A’s statement alleged to correspond to this part of the facts charged are not reliable, and the judgment of the court below which found Defendant guilty of this part of the facts charged is erroneous in the misapprehension of facts that affected the conclusion of the judgment

2) The lower court’s sentence (6 months of imprisonment) against an unjust defendant is too unreasonable.

B. The sentence of the lower court against Defendant D (two years of suspended execution, and observation of protection in six months of imprisonment) is too unreasonable.

(c)

In light of the following: (a) the public prosecutor’s statement of the victim K’s damage is consistent; (b) the witness M and B’s statement revealed that there was physical fighting between the Defendant and the victim K in the toilet; and (c) L was the Defendant’s daily behavior; (b) it is difficult to believe L’s statement; and (c) N was under the influence of alcohol at the time of the instant case; and (d) it is difficult to believe that N was under the influence of alcohol; (b) it is difficult to find the Defendant guilty of this part of the facts charged against the Defendant on the ground that N’s statement was not reliable

2. Judgment on Defendant C’s assertion

A. 1) The lower court’s determination as to the assertion of mistake of fact 1) based on the evidence duly admitted and investigated by the lower court, the lower court: (a) although the victim L made a false statement about the specific facts in the state of drinking and interest on the day of the instant case; (b) provided a consistent statement that the Defendant and the said D met with the Defendant and the said D; (c) provided a consistent statement that the said victim met with the Defendant and the said D; and (d) provided that A and the said victim met the Defendant and the said D with the Defendant and the said D, on the ground that the victim and the said victim met the Defendant and the said D with the Defendant and the said D; and (d) during that process, K and A made the said statement.