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(영문) 수원지방법원 2018.02.22 2017노1585
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victim’s statement that misunderstanding of facts and misapprehension of legal principles caused assault from Defendant B was reliable, and Defendant B played a role in helping Defendant A to injure the victim by suppressing the victim’s resistance.

Since it can be assessed, the Defendants jointly inflicted injury on the victim.

Nevertheless, the judgment of the court below which acquitted the Defendants of joint injury or acquitted the Defendants of the reasons is erroneous in the misapprehension of facts and legal principles.

B. The sentence against Defendant A (the imprisonment of eight months and the suspension of execution of two years) of the lower court’s unfair sentencing is deemed to be too uneasible and unfair.

2. Determination

A. On May 28, 2015, at around 06:10 on May 28, 2015, Defendant A and B jointly carried out the form of the victim C (36 years of age) at G’s house located in Suwon-si, F apartment zone No. 1206 in Suwon-si, Suwon-si, and shouldered the victim. Defendant A asserted that the victim is a male-child district in the above G, and Defendant A claimed that the victim is the victim’s male-child district in the above G, and had a dispute with the victim, the victim’s clothes, back the back, and walked the back of the back, and walked the victim’s body with the victim’s hand, and divided the victim’s body body into knee and knee. Defendant B’s chest with his hand.

As a result, the Defendants jointly inflicted injury on the victim, such as the pipe and tension of the part of the wood that requires approximately two weeks of medical treatment, and the tension.

2) The lower court’s judgment is recognized that Defendant A independently inflicted an injury on the victim C as stated in the facts constituting the crime of paragraph (1) of the lower judgment, and that Defendant B’s hand applied the victim C’s arms until the police arrives at the site, and that the victim’s chest was not divided into the victim’s breast until the police arrives at the site.

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