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(영문) 서울중앙지방법원 2014.10.23 2014노1861
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) With respect to the crime No. 1 in the judgment of Defendant A, only the victim was under the influence of alcohol, and it is not the intention of joint injury. 2) In relation to the crime No. 2 in the judgment of Defendant B, there is no fact that the victim’s cell phone was damaged.

3) As to the crime No. 1 of the judgment of Defendant C, there is no fact that the injured party and the co-injury were inflicted. B. At the time of the crime of this case with mental disorder, the Defendants were in the state of mental or physical disability or mental disorder under the influence of alcohol.

2. Determination on the grounds for appeal

A. Comprehensively taking account of the evidence duly admitted and examined by the lower court and the trial court, each of the facts charged in the instant case is found guilty (in particular, the testimony of the witness E, who corresponds to the facts charged, is deemed to have credibility in light of the content of the statement or the attitude of testimony). Accordingly, the Defendants’ assertion on this part is not accepted.

B. According to the records on the assertion of mental and physical disorder, even though the Defendants were drunk at the time of the crime of this case, in light of the circumstances revealed in the records, such as the background leading to the crime, the details of the crime, and the Defendants’ actions before and after the crime, the Defendants were unable to discern things and make decisions at the time of the crime.

Inasmuch as it is not recognized that the Defendants were in the said state of absence of such ability, the Defendants’ assertion on this part is rejected.

C. In full view of the various circumstances under the assertion of unfair sentencing, the lower court does not accept the Defendants’ assertion on this part, on the grounds that each sentence imposed by the lower court on the Defendants is unreasonable.

Many persons assault a taxi engineer jointly under the influence of alcohol, and the defendant C is also a witness who tried to make a statement of witness to the police.

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