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(영문) 제주지방법원 2015.06.04 2014노547

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (the misunderstanding of facts and unreasonable sentencing) did not have any assaulted the victim D. Nevertheless, the judgment of the court below which recognized that Defendant A, jointly with Defendant B, inflicted an injury on the victim D by assaulting the victim D, is erroneous in misunderstanding of facts. 2) The sentence of the court below (the 500,000 won of the fine) is too unreasonable.

B. Defendant B (nomenclature 500,000 won of fine) of the lower court is too unreasonable.

2. Determination

A. As acknowledged by the evidence duly adopted and examined by the court below regarding Defendant A’s assertion of erroneous determination of facts, ① at the time of the instant case, Defendant A and the victim D, Defendant B and the victim E were fighting each at the time of the instant case, and the police officers called a fighting. ② After the instant case, the victim D received a written diagnosis of injury (in the clinical presumption column of the injury diagnosis certificate, it is indicated as the sponse sponse, sponse sponse sponse, sponse sponse sponse sponse sponse spons, and sponse sponse sponse sponse sponse sponse sponse sponse sponse sponse sponss, etc.). ③ The Defendant himself also recognized that the victim was guilty of the above crime of assault, such as assault with the victim D, etc.

Therefore, we cannot accept this part of Defendant A’s assertion.

B. According to each of the above evidence as to the Defendants’ assertion of unfair sentencing, the Defendants are against their will, the victims are against their will, and the Defendant A.