beta
(영문) 광주고등법원 2015.12.17 2015노474

중상해

Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment with prison labor for one year.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The punishment sentenced by the lower court (one year of imprisonment) is too unreasonable.

B. In light of the fact that the prosecutor’s victim et al. consistently ended with the police from the police to the court of the court below, and the defendant B stated that he went into a singing room 2 together with the defendant B and the defendant B had his face and body taken the bridge, body and arms continuously and continued to take the bridge, it is sufficiently recognized that the defendant B used the victim’s assault.

Nevertheless, the lower court acquitted Defendants A, F, and H on the ground that it was not reliable in the victim’s statement solely on the ground that Defendant B stated that it was not appropriate to assault Defendant B and the victim’s fighting at the instant site.

Therefore, this part of the judgment of the court below is erroneous in law that affected the conclusion of the judgment.

2. Determination

A. On August 28, 2014, Defendant B made a decision on the prosecutor’s assertion of mistake of facts. Defendant B made a statement to the victim, consistent with the judgment of the court below, as evidence, that follows the facts charged: (a) Defendant B took the victim’s oral dispute about A and the victim’s G at 1 Enodes Do-nam-do-gun, and “I am Do-I Do-I Do-I Do-I am?” but, “I am Do- I Do- I am?” on the victim’s hand floor, took three times the victim’s face, body, arms, etc.; and (b) sing the victim’s face, body, and arms were sing together with A, and caused the victim to the real name of the victim; and (c) Defendant B made a statement from the victim and the victim’s singing room to the victim and the victim’s singing room No. 1 sing the victim and the victim No. 2.