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(영문) 광주지방법원 2015.05.21 2014노2436

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment of the court below is reversed.

Defendant

The sentence of sentence against A shall be suspended.

Defendant

B Innocence: Not guilty

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found Defendant B guilty of the facts charged, although Defendant B was immediately and immediately entered with Defendant A, and Defendant B did not have inflicted an injury on F in collaboration with Defendant A, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. Defendant A’s punishment (one million won of fine) is too unreasonable.

2. Judgment on Defendant B’s assertion of mistake of facts

A. At around 01:00 on December 23, 2013, the summary of the facts charged found that there is a room for the victim and G in the E-mail room located in the Jeonbuk-gun, Jeonbuk-gun, Jeonbuk-gun on the following: (a) the Defendants discovered the victim and G at the E-mail room, which is suspected of inhumanial relationship with Defendant A’s husband G; (b) the escape was pushed the victim with the inside; and (c) the Defendant B took the victim into custody; (d) “Is the vessel at the school of the baby of the baby of the baby of the baby of the baby of the baby of the baby of the baby of the baby of the baby of the baby of the baby of this year of this year of this year of this year of this year, I would not move the victim’s right-hand her hand, and (d) the Defendant A may do assault the victim of this case to the left-hand part by breaking his head with his left hand.

As a result, the Defendants jointly inflicted injury on the victim, which requires 21-day medical treatment.

B. The lower court found the Defendants guilty of the facts charged as to Defendant B’s joint injury by taking account of the victim, H, and G’s respective legal statements, following the Defendants’ partial descriptions of each police interrogation protocol.

C. According to the evidence duly admitted and examined by the court below, the private house of this case has a ward in the middle, and the kitchen and left side (hereinafter “the kitchen”) in the front of it, if the private house of this case enters the entrance through the front door.

. At the right end, two smalls are attached.