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(영문) 서울서부지방법원 2015.06.12 2015노360

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (the co-injury to the victim C, mistake of facts, and mistake of facts) stated in the investigative agency that “the victim G had a customer’s sleep in a canter with both hands, and the customer’s slick slick slick slick slick slick slick slick slick slick slick slick slick sl.” The “one slick slick slick” refers to the Defendant.

In light of the circumstances at the time of the crime of this case, such as there is no reason to impeachment the credibility of the victim C’s above statement, and the fact that D was about to flee at the scene when the crime of this case was committed by the victim G with the defect that D attempted to flee, and that the defendant attempted to help the victim C escape, the court below found the defendant guilty of the injury inflicted upon C based only on the victim C’s legal statement. Thus, the court below erred by misapprehending the facts.

B. Defendant 1) misunderstanding of facts (the points of joint injury to the victim G and H) made a statement that the defendant had his face when the police investigation was conducted by the police, but it is difficult to believe that the defendant's face was taken by drinking, not drinking in the court of the court below, and the victim H made a statement that he had the same face as a drinking. In light of the victim's statement, the victim H made a statement that the defendant was not a person who was wn at the court of the court below, and the defendant was not a person who was wn at the court of the court below. In light of these victims' statement, the defendant did not harm the victims, but did not harm the victims, but did not cause a fighting, but it was erroneous in the judgment of the court below which found the defendant guilty of this part of the facts charged. 2) It is unreasonable that the sentence (the fine of KRW 1,00,

2. Judgment on the assertion of mistake of facts

A. As to the prosecutor’s assertion of the facts charged, the summary of this part of the facts charged is as follows: the Defendant and D on August 21, 2013.