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(영문) 의정부지방법원 2014.05.29 2014노296

상해

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The lower court that recognized the crime of bodily harm caused by assault against Defendant A, Defendant B, and Defendant C, even though the Defendants testified as they appeared as witnesses, found that there was an error of misunderstanding of facts against the lower court that recognized perjury against Defendant A.

(2) The lower court’s sentence of unfair sentencing (Defendant A: a fine of KRW 5 million, Defendant B, and C: each fine of KRW 3 million) is too unreasonable.

B. Public prosecutor (1) misunderstanding of facts and misunderstanding of legal principles, even if Defendant A was found to have been injured by misunderstanding of facts and misunderstanding of legal principles during the process of beyond the victim’s consideration.

Even if the Defendant committed an act of violence, the Defendant had the awareness and the intent of acceptance that the victim would be injured, and thus, at least there was dolusent negligence in relation to the injury of the breath, the lower court acquitted the part of the facts charged of this case, which was erroneous in misunderstanding of facts.

(2) The lower court’s sentence of unreasonable sentencing is too unjustifiable.

2. Determination:

A. According to the records of the Defendant A’s assertion of mistake of facts, the victim stated that ① the Defendant had consistently maintained from the investigative agency to the court of the court below that the victim was faced with the face of the victim due to drinking, and immediately thereafter, the Defendant attempted to get out of the victim’s, who was in the vicinity of the victim’s bridge, and that I and J told the Defendant. ② At the time, I, at the court of the court of the court below, would like to get out of the victim’s face by drinking the victim’s face two times by drinking the victim’s face from the victim, and immediately thereafter, I would like to get out of the victim’s plastic, who was in the vicinity of the victim’s face.