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(영문) 의정부지방법원 2016.01.29 2014노2962
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. Summary of prosecutor's appeal grounds;

A. In full view of the evidence required by the prosecutor, such as the victim’s statement and diagnosis of injury, and the details of report 112, the court below acquitted the victim of the primary charges of this case solely on a different premise, on the ground that the Defendants jointly committed an injury as stated in the facts charged, although it could be recognized that the Defendants inflicted an injury on the victim, the court below acquitted the victim of the primary charges of this case on the ground that there was a sulperia.

B. The sentence of a fine of KRW 300,000,000, which the court below sentenced to the Defendants, is unreasonable.

2. Judgment on the grounds for appeal by the prosecutor

가. 사실 오인 주장에 관한 판단 1) 주위적 공소사실 피고인들은 2013. 8. 7. 01:50 경 파주시 금촌동 주공 3 단지 입구 앞 도로에서 피고인 B이 운전하는 승용차를 타고 가 던 중 피해자 E(48 세) 이 운전하는 승합차와 차선변경 문제로 시비가 되자 함께 차에서 내려 피해자의 얼굴에 침을 뱉고 손으로 멱살을 잡고 주먹과 발로 피해자의 얼굴과 몸을 수회 때리고 찼다.

As a result, the Defendants jointly suffered injury to the victim, such as the 1st day left-hand side of the 1st century, which requires treatment.

2) The court below's decision on the deliberation of the court below and the party. The following circumstances (i.e., ① the legal statement and the statement of investigation agency of the witness E of the court below which seems to correspond to the main facts charged at the court below's judgment, when the defendants 10 times each defendant's drinking and the face and body of each defendant. However, in light of witness F and G's each legal statement, a witness of the court below's witness F and witness of the court below, there seems to have been no such a fighting, and E cannot be ruled out that there is a possibility that it was an exaggeration of the damage that he suffered by the defendant B because he was not minor.

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