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(영문) 부산지방법원 2018.12.21 2018노3704

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment below

The part against the Defendants is reversed.

Defendant

A and D shall be punished by imprisonment for eight months, and Defendant C.

Reasons

1. Summary of grounds for appeal;

A. Defendant D (Defendant D) was guilty of all the facts charged in this case, although he was guilty of the fact that he was guilty of the victim's bodily injury and did not support the victim's bodily injury. The judgment of the court below is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The punishment of each sentence (defendant A, D: 8 months of imprisonment, and 1 year of imprisonment) declared by the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court to determine the Defendant D’s assertion of mistake, i.e., the Defendant C showed the victim’s body by the police.

The Prosecutor stated “(110 pages of the evidence record)”, “I am friendly B, J, and D, which were next to the prosecution, sent to almost the victim at the same time, and sent to the victim by drinking and sending to the victim. I am the victim to any end, and followed the victim by her birth.”

It seems clear that “(Evidence No. 225 pages)” and “I would like to know that I would like to know that I would like to get the victim.”

The statement "(Evidence Record 229 pages)", and ② The victim assaulted her hand and her to the next hand around the resistance in the prosecution.

It was impossible to hear that some of K Ha did not see that they were assaulted and speaked.

Defendant A stated “(Evidence No. 186, 187)” (Evidence Records No. 186, 187), and Defendant A also assaulted several times by his hand with the victim who was written on the floor by 2-3 persons during the low-income driving and prevents his face in two hands.

In full view of the fact that Defendant D stated as “(205 pages of evidence record)”, it can be recognized that Defendant D scams a victim who was scambling with both damages and scams. as stated in the judgment below.