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(영문) 광주지방법원 2018.05.17 2017노2973
폭력행위등처벌에관한법률위반(공동상해)등
Text

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

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor of the fact-finding, the Defendants jointly and severally acknowledged the fact that the victims suffered each injury and damaged the victim H’s property as stated in the facts charged.

However, the court below did not find the defendants guilty of violation of the Punishment of Violences, etc. Act (joint injury) and violation of the Punishment of Violences, etc. Act (joint damage of property, etc.). However, it erred by misunderstanding the facts that the court below convicted only the defendant A's assault against the victim He, the victims of the defendant B, and the damage of property to the victim H, and thereby misunderstanding the facts that it affected the conclusion of the judgment.

B. The sentence of the lower court (Defendant A: a fine of 500,000 won, Defendant B: a fine of 1,500,000 won) is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the judgment of the court below is the date and time indicated in the facts charged in the judgment of the court below; Defendant A, as stated in the judgment of the court below, at the same place, twice the face of the victim H by drinking in addition to putting the head debt of the victim H, and Defendant B continues to take the victim H head debt of the victim H by moving the victim H out of the office as the corridor outside of the office, and Defendant B took two times the victim H head debt with the left hand; Defendant B saw the victim H's left hand by scam on two occasions; Defendant B walked the above victim's left part part of the victim H one time with scam, Defendant B walked the part of the above victim's part 2 to three times due to scambling, Defendant D's son's son, year, year, year, year, year, year, year, year, year, year, year, year, year, and year of scam.

Doz. Doz.

In doing the bath theory, “the victim shall wear the breath’s breath with the Defendant’s left hand, and the victim shall have four times the victim’s left part of the breath’s cream.

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