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(영문) 수원지방법원 2015.04.29 2014노4920
상해
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not commit an assault against the victim E and D.

Even if violence was committed, it is merely an influence or defense to avoid collective assault of victims.

B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.

2. Determination

A. The evidence duly adopted and examined in the court below as to the assertion of mistake of facts, and the following circumstances acknowledged by the above evidence: ① the victims and C made a statement at an investigative agency that the defendant was aware that the defendant had committed an assault over the floor by pushing the victim E's shoulder part in hand and pushing the victim's chest part in hand; ② The victims' image and each injury diagnosis report after the occurrence of the case can be confirmed that the victims suffered injury according to the victim's statement (the defendant stated that the victims were in front of the victims, while the above pictures were in front of the victims' knee portion, it is difficult to view credibility of the victims' statement because they stated only the representative from among the facts that the victims were in violence, ③ Even if the defendant and the victims were in assaulted, the defendant did not have to have been able to respond to the victim's statement first, and they did not have been able to respond to the victim's statement.

In full view of the fact that there was a very little possibility that the defendant had done a passive act to defend him, the defendant inflicted an injury by assaulting the victim.

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