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(영문) 대구지방법원 2015.06.12 2014노4718
폭력행위등처벌에관한법률위반(공동상해)
Text

All of the Prosecutor and the Defendants’ appeals are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (e.g., the defendant) sentenced by the court below (e., the fine of one million won for each of the defendants) is too uneased and unfair.

B. Defendants 1) In spite of the fact that the Defendants jointly committed an injury to the victim, the judgment of the court below which found the Defendants guilty of the facts charged in this case was erroneous by misapprehending the facts and affecting the conclusion of the judgment. 2) The above sentence sentenced by the court below of unreasonable sentencing is too unreasonable.

2. Determination

A. The lower court acknowledged the Defendants’ assertion of mistake of facts based on the evidence duly admitted and investigated by the lower court, namely, ① the victim made a statement consistent with the facts charged in the instant case from the investigative agency to the court of the lower court, ② the degree of injury as stated in the injury diagnosis certificate to the victim, and the motive and circumstance of the dispute between the Defendants and the victim, etc., and ③ the Defendants, in the process of having the victim and the victim, set up a difference in the victim B, by inserting the hand into the victim’s vehicle.

(4) In light of the defendants' actions leading the victim to their own vehicle, the defendants appear to have been considerably satisfed at the time, and the fact that their descendants are faced with the victim's face and satisfed, the fact that they were tightly satisfed by the victim's hand (the investigative record 86 pages) and the defendant A expressed that they were able to bring about the victim's hand (the investigative record 38-39 pages), and that they were drinking the victim's hand (the investigative record 38-39 pages). In addition, in light of the defendants' actions leading to the victim's hand off from their own vehicle, the defendants Eul and the defendant Eul suffered from the victim's hand and satisf, the fact that the victim was the victim's at the time of the above defendant's hand, and the fact that they go against the victim's upper part (the investigative record 50 pages, 86 pages).

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