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(영문) 인천지방법원 2015.10.02 2015노2481

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant A by mistake of facts merely caused a flabbbbage from the victim, but did not flab the victim's face and chest as stated in the facts charged. The defendant B merely caused the victim's face by hand, but did not flab the victim as stated in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (Defendant A: a fine of two million won, Defendant B: a fine of four million won, and confiscation) is too unreasonable.

2. The following circumstances acknowledged by the evidence duly admitted and examined by the court below as to the assertion of mistake of facts: (i) the victim appeared from the investigative agency to the court below, i.e., the victim: (a) the victim sawd himself as a victim; (b) the victim’s body and chest; and (c) the defendant B made a concrete and consistent statement to the purport that he was frightening the victim’s body and chest; (d) the victim’s appearance into the victim’s entrance; and (b) the statement made at the court of the court of the court below corresponds to this; and (b) the victim’s statement at the scene of violence and the investigation report and the telephone conversation were made in accordance with each of the following circumstances: (a) the victim appeared in the situation where the victim was frighted for drinking; (b) the victim was frighted with the victim’s assault; and (c) the defendant B testifiedd with the victim’s fright; and (d) the defendants made a statement to the court below that he had presented credibility and evidence in the case.

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