beta
(영문) 서울남부지방법원 2016.06.16 2015노1799

폭력행위등처벌에관한법률위반(공동상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts and misunderstanding of legal principles) Defendant did not assault the victim as stated in the facts charged.

Nevertheless, the lower court convicted the Defendant by misapprehending the facts or by misapprehending the legal doctrine.

2. According to the evidence duly adopted and examined by the court below, in particular, the video that the defendant invoked by the defendant (the part 15-17 first among the video of 29 secondss stored in the CD attached to the investigation records submitted by the injured party to the investigation agency), it can be sufficiently recognized that the defendant combined with G and put the clothes of the injured party into the stairs by putting them under the stairs, as stated in the facts charged, so the defendant's assertion on a different premise is without merit.

3. The defendant's appeal is without merit. Thus, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act. It is so decided as per Disposition.