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(영문) 서울중앙지방법원 2017.09.22 2017노2550

폭력행위등처벌에관한법률위반(공동상해)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal (misunderstanding of facts and improper sentencing);

A. The Defendants are not aware of the facts, such as the facts charged, and the statements of the victims or witnesses cannot be believed and there is no evidence.

B. Each sentence of the first instance judgment on sentencing (the Defendants) (the sentence of Defendant A shall be suspended for six months of imprisonment with prison labor; the sentence of a fine of one million won in case of Defendant B) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by evidence duly admitted and investigated by the first instance court on the part of the joint crime committed by the Defendants 3322 at the order of 2016 and the first instance court, Defendant A: (a) went beyond the victim during the punishment of Si expenses; (b) the Defendants, upon the outbreak of the victim’s face; and (c) caused the victim’s injury, such as an injury on the part of the victim, by taking approximately eight weeks of the face of the victim.

There is sufficient recognition.

Therefore, this part of the Defendants’ assertion is without merit.

A) The victim stated from the court of first instance to the purport that the Defendants followed the body of the Defendants after being placed on the floor of the Defendant A. On the other hand, I, a witness to the crime of this case, was consistently taking the victim’s body from the investigative agency to the court of first instance.

The statement is consistent with the above statement of the injured party.

In light of the victim's statement and the victim's statement, each of the above statements of the victim and I is specific, and there are no circumstances to suspect credibility, and in particular I is a relatively objective position.

Since they appear, it is highly reliable.

나) 한편 ‘F’ 노래 연습장의 손님으로 객관적 제 3자의 지위에 있는 또 다른 목격자인 J도 제 1 심 법정에서 이 사건 당시 남자 한 명이 쓰러져 있었고 다른 남자가 목이나 얼굴 근처를 발로 찼고 옆에 있던 여자도 같이 발로 차는 것을 보았다고

was stated.

C) The aggrieved person.