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(영문) 대전지방법원 2016.11.16 2016노1628
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants did not assault the victims E, and did not assault the victims by jointly doing so.

B. The lower court’s sentence of unreasonable sentencing (the Defendant’s respective fines of KRW 700,00) is too unreasonable.

2. Determination

A. 1) The Defendants asserted that there is a mistake of facts and misapprehension of legal principles in the original trial. The lower court also examined the victims directly, and found them guilty of all the facts charged in this case by recognizing the credibility of each of the above statements. 2) The lower court acknowledged the following circumstances based on the evidence duly adopted and examined by the lower court: ① the victim E was sealed two or three times by the police and the court of the original trial, and Defendant B made two or three times the Defendant’s statement on the part of the victim E with stick, and it does not seem that the victim’s statement on before and after the assault, the method and side of the assault, and the victim’s statement on the victim E is consistent with specific and consistent, and that the victim’s statement on the victim’s front and after the assault, the victim’s assault and violence against the victim, and that the victim’s statement on the victim’s witness was partially consistent with the victim’s statements, and that the victim was not found to be credibility at all when the victim’s statement was not made.

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