폭력행위등처벌에관한법률위반(공동상해)
The defendant's appeal is dismissed.
1. Summary of grounds for appeal;
A. The Defendant was only aware of a fighting match, and did not pay attention to the mistake of facts.
B. The lower court’s sentence of unreasonable sentencing is too unreasonable.
2. Determination
A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made
(2) On November 24, 2006, the lower court directly examined C and acknowledged the credibility of the testimony and found the Defendant guilty of the instant facts charged. There are special circumstances to deem that the lower court clearly erred in the determination of credibility of the testimony.
It is not considered significantly unfair to maintain its judgment as it is.
Comprehensively taking account of the aforementioned testimony and other evidence duly adopted and examined by the court below, the defendant can be found to have inflicted an injury upon the victim together with D, so this part of the defendant's assertion is without merit.
B. In full view of the various sentencing conditions and the fact that there is no agreement with the victim as indicated in the records and arguments of the instant case of unfair sentencing, the lower court’s punishment is too unreasonable.
3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.