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(영문) 부산지방법원 2013.12.05 2013노3095

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the mistake of facts (Defendant A) and joint assault against the victim K and L, only Defendant B did not assault the victims in a contingent way, and Defendant A did not assault the victims, such as dumping flaps of the victim L or selling a drinking face as stated in the facts charged.

B. The lower court’s sentencing (two years and six months and two years of imprisonment) on the grounds that the sentencing of the Defendant is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the video of field CCTV: (a) Defendant A was sealed by the victim’s body at the time and place of the judgment; (b) Defendant B was also physically sealed by the victim and the victim’s body; and (c) Defendant B, who followed the victim’s fat, did not move to the show of misunderstanding of facts; and (d) Defendant B and the victims did not look at the fat of the victim’s fat; (c) Defendant B, who moved to the show of fat; (d) the CCTV screen was not taken by the victim and the victims; (e) even according to the victim’s and witness’s written statement with the victim’s K and witness’s fat, it is difficult to accept the allegation that Defendant B made a mistake of facts as well as the victim’s fat, based on the following circumstances: (a) Defendant B and the victim’s statement made by the victim and witness’s consent; and (b) Defendant B made a mistake of facts when Defendant A and the victim were assaulted with the victim’s L.

B. We examine the judgment on the assertion of unfair sentencing, and there was a record of punishment several times for the same crime. In particular, Defendant A committed the instant crime during the period of probation, Defendant B committed the instant crime during the period of repeated offense, and the Defendants’ act of inflicting bodily injury on the victim F during the instant crime is not very good for the Defendants to use the pipe, which is a dangerous article, to make the victim uncomponed, and thereby, the crime is not committed.