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(영문) 대구지방법원 2015.02.05 2014노3746

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no misunderstanding of facts by Defendant A (the Defendants) and there is no fact when the victim was killed, and there is no fact that Defendant A shotd with the hump that caused the hump to hand and assaulted the victim.

Nevertheless, the judgment of the court below which found the defendants guilty of the facts charged in this case where the defendants conspired with dangerous articles and inflicted bodily injury on the victim is erroneous in the misapprehension of facts, which affected the conclusion

B. Unreasonable sentencing (Defendant B) The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. One victim stated that not only the investigation agency but also the court of the court below stated that not only the defendant A inflicted an brupted shot, and the victim abused, and the victim committed an assault upon the brupt.

In full view of the following circumstances revealed by the evidence duly admitted and examined by the court below, the victim's statement is credibility.

(1) The diagnosis letter issued by the police before the victim makes a statement about the instant case is written that the victim was abused by the police before the victim makes a statement.

② At the first time, the victim abused himself by the Defendant B, and G also testified himself. After the agreement with the Defendant B and G, the Defendant B did not have any assaulted himself by the Defendant B and G, G reversed the statement that he did not have any assaulted himself.

However, unlike the reversal of the statement, if the victim was sexually abused the defendant A from the defendant, it is judged that the victim was sexually abused by the defendant A with the examination agency, as well as the defendant A, and even after that, the court below did not reverse the statement, it is judged that the victim was sexually abused by the defendant A.