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(영문) 서울북부지방법원 2020.09.10 2020노374
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants and the Defendant A are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which acquitted the Defendants of a violation of the Punishment of Violences, etc. Act (joint injury) despite the fact that Defendant B had committed a victim with Defendant A in light of the public prosecutor’s statement, the victim’s statement and the statement in G’s investigation agency, etc., was erroneous in the misapprehension of legal principles.

B. The punishment (a fine of one million won) imposed by the court below against Defendant A is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, the court below found the victim Eul's statement as it is difficult to believe that the victim was assaulted first among the defendants, the part and frequency of assaulted by the defendant Eul, and the witness G of this case was present at this court and used the victim only at the time when the defendant Eul was present at this court, and the defendant Eul was present at the time. The above G did not have any special circumstance to make a false statement, and it is sufficiently reliable in light of G's attitude of testimony and contents, etc., it is hard to believe the victim Eul's statement as it is, and the remaining evidence alone is insufficient to prove that the defendants jointly assaulted by the defendants. The court below acquitted the defendant Eul from the order of the Punishment of Violences, etc. Act (joint injury) and acquitted the defendant Gap from the charge of the crime of violation of the Punishment of Violences, etc. Act (joint injury by the defendant), and found the defendant not guilty from the crime of this case under the evidence duly adopted by the court below.

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