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(영문) 대구지방법원 2013.04.05 2012노2865

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the Defendants’ grounds for appeal

가. 사실오인 피고인들은 피고인들의 강아지 몸에 진드기가 옮아붙어 피해자 E이 운영하는 애견샵을 방문하였고, 피해자 E과 예전에 피고인들의 강아지가 피부병을 앓았던 문제로 이야기를 나누었는데, 위 애견샵에 있던 피해자 E의 동생인 피해자 G이 “쳇, 남의 장사집에 와서 되지도 않는 소리를 하네.”라며 먼저 시비를 걸었고, 이에 피고인들이 피해자 G과 말싸움을 하던 도중, 피해자 G이 갑자기 피고인 C의 뺨을 한 차례 때리고, “죽여라”라고 고함을 치며 멱살을 잡은 것이다.

During the investigation process, the victim E had sound “the victim G is in pregnancy. I will not be able to see the victim’s arms, and the defendants did not see the victim’s arms, and the victim was assaulted by the victim, and the defendants were reported to the police by being pushed out of the victim’s failure. In the investigation process, the victims’ false statements were assaulted by the victims, and the defendants were found guilty of all the charges of this case by recognizing that the defendants jointly inflicted injury on the victims. The judgment of the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. Each sentence (a fine of 500,000 won against Defendant B and a fine of 700,000 won against Defendant C) imposed by the lower court on the Defendants is too unreasonable.

2. Determination

A. The following circumstances, which were duly adopted and examined by the court below in determining the assertion of mistake of facts, are consistent from the police stage to the court below's decision, i.e., the statement of the victims regarding the background that the Defendants and the victims claimed, and ii) the victim E is the police and the court below.