beta
(영문) 서울서부지방법원 2014.05.22 2013노1469

상해

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although Defendant A (1) has not inflicted an injury on B as stated in the judgment of the court below, the judgment of the court below which found Defendant guilty of the facts charged is erroneous in the misapprehension of the legal principles.

(2) The lower court’s sentence of unreasonable sentencing (a fine of KRW 500,000) is unreasonable.

B. Defendant B (1) In fact-finding, although the Defendant did not assault A as stated in the judgment of the court below, the court below found the Defendant guilty of the facts charged.

(2) The lower court’s sentence of unreasonable sentencing (a fine of KRW 300,000) is unreasonable.

2. Determination

A. In light of the following: (a) the Defendants’ assertion of mistake of facts as to the assertion of mistake of facts together with the Defendants’ assertion of mistake; (b) the Defendants’ respective legal statements in the lower court and the party; (c) the witnesses B and A’ respective legal statements in the lower court; and (d) the evidence duly admitted and investigated by the lower court and the first instance court; and (c) the Defendants, in particular, have made a concrete, consistent and clear statement from the investigation agency to the trial, the developments and details, methods, and degree of the injury or assault inflicted by the other party; (d) the parts and degree of the injury as stated in each written diagnosis submitted by the Defendants are consistent with the Defendants’ respective statements; and (e) the Defendants demanded that the other party be punished by mutual assault and having the other party punished by mutual assault, as stated in the judgment of the lower court.

Therefore, the judgment of the court below that found the Defendants guilty of each charges is just, and the Defendants’ assertion of mistake of facts is without merit.

B. Until the trial on the argument on unfair sentencing, the Defendants denied their respective crimes and did not object to the conclusion of the judgment on unfair sentencing, and the agreement or the reimbursement for damage will be made.