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(영문) 창원지방법원 2013.07.19 2013노736

폭력행위등처벌에관한법률위반(공동상해)

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B merely inflicted an injury on the victim solely by mistake of facts, and Defendant A did not have inflicted an injury on the victim.

At the time, Defendant A was not in a situation in which he could inflict an injury on the victim by taking advantage of his arms and side lives.

Nevertheless, the court below found the defendant guilty of the facts charged in this case where the defendants jointly injured the victim, and there is an error of law that affected the conclusion of the judgment of the court below by misunderstanding facts.

B. The sentence imposed by the lower court on the Defendants (a fine of one million won) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case is jointly carried out by the Defendants at around 17:30 on April 2, 2012, the victim F (the 52 years of age) and his husband G at the D event site located in Chang-gu, Changwon-si, Jindong-si, and the street store operated by his husband G. Defendant B did not know that Defendant A and the above G had been able to each other before, and did not know about her her each other. Defendant B did not know about her her her her her her her her her her her her her her her her her her her her her her her her her her face, her her her face, her her face and her face her her her her face. Defendant A, in combination with this, her her her her her her her head her head her and her face her face her face.

B. The lower court found the Defendant guilty of the instant facts charged by compiling the evidence as indicated in the lower judgment.

C. The following circumstances acknowledged by the lower court’s duly admitted and examined evidence, namely, ① the victim made a statement to the effect that it conforms to the facts charged in this case in an investigative agency and the court of the lower court specifically and consistently (Evidence No. 14, No. 34, 35 of the record of the trial), ② H was the Defendant B’s head debt at the court of the lower court.