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(영문) 서울북부지방법원 2018.04.20 2017노2258

폭력행위등처벌에관한법률위반(공동폭행)

Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, Defendant A was aware of spits or spits on the victim’s face, but did not assault the victim’s right by using the front wheelchairs.

Defendant

B did not assault the victim in one time at his/her hand at the same time.

B. The sentence sentenced by the lower court (each fine of KRW 700,000) is too unreasonable.

2. In full view of the following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of fact and the evidence duly admitted and investigated by the first instance court, it can be sufficiently recognized that Defendant A and Defendant B jointly committed assault against the victim.

Therefore, we cannot accept this part of the Defendants’ assertion.

(1) The victim, in the police investigation, “Defendant B, the victim, who wants to tell the F, was frightened by the victim, was frightening and breathing the safety while leaving the eye in mind.”

In addition, Defendant A: (a) carried wheel chairs; (b) the victim asked the wheel; and (c) the Defendant A made a statement to the effect that the defect was pushed the victim into the wheeler and neck doorless door (the fifth page of the investigation record). In addition, the victim fell from Defendant B’s face in the court of original instance.

A statement that spits a bath, spits a spit, spits a brine, brine a wheeler, Defendant A followed the wheeler, thus falling off a brine, and spite in the wheelchairs.”

이처럼 피해자의 진술은 경찰에서부터 원심에 이르기까지 상당히 구체적이며 피고인들이 가한 폭행의 경위, 부위, 내용 등에 있어 대체로 일관성이 있어 신빙성이 높다( 피해자에 대한 증인신문 녹취서 3-4 쪽). ② 이 사건 범행 당시 촬영된 사진에 의하면 피해자의 오른발 엄지발가락 부위가 빨갛게 된 사실, 피해자의 안경이 부러진 사실이 인정되는 바( 수사기록 7 쪽), 이는 피고인들의...