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(영문) 서울남부지방법원 2014.11.28 2014노1114

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that the Defendants abused the victim as stated in the facts charged of this case and inflicted an injury, the lower court found the Defendants guilty of the facts charged of this case by the statement of the victim with no credibility.

B. The sentence sentenced by the court below on unreasonable sentencing (the fine of two million won per defendant A, the fine of one million won per defendant B) is too unreasonable.

2. Determination on the grounds for appeal

A. The victim of a mistake of facts consistently stated the Defendants’ act of assault as stated in the facts charged from the investigative agency to the court of the court below. Considering that Defendant A paid hospital expenses to the victim and the hospital on the day of the instant case, the victim’s statement has credibility and evidence duly adopted and investigated by the court below, including the victim’s statement, can be acknowledged that the Defendants committed an injury by assaulting the victim as stated in the facts charged in the instant case.

B. In full view of the sentencing conditions on the records of this case, including the Defendants’ age, character and conduct, and environment, the Defendants’ punishment imposed by the lower court is too unreasonable, and thus, cannot be deemed unfair, in light of the fact that the Defendants’ decision on the assertion of unfair sentencing is not contrary to the denial of the crime, and the degree of injury to the victims is not minor, even though the degree of injury

3. The appeal by the Defendants is without merit, and it is dismissed in accordance with Article 364(4) of the Criminal Procedure Act. It is so decided as per Disposition.