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(영문) 대구지방법원 2012.08.24 2012노937
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence sentenced by the court below to Defendant B, C, and E (Defendant B, C: 10 months of imprisonment, and Defendant E: 6 months of imprisonment) is too unreasonable.

B. Defendant D1) misunderstanding of facts - Defendant D did not commit an assault or injury jointly with the above Defendant A, B, C, or E. Nevertheless, the lower court convicted Defendant D of the facts charged regarding the joint injury and joint assault of this case. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment. 2) Defendant D with mental disorder was under the influence of alcohol at the time of the crime of joint injury and joint assault of this case, and the lower court neglected this point. In so doing, the lower court erred by misapprehending the facts about mental disorder, thereby adversely affecting the conclusion of the judgment.

3) The sentence imposed by the lower court on Defendant D of unreasonable sentencing (the imprisonment of eight months is too unlimited and unfair).

2. Determination

A. We examined the judgment on the assertion of mistake of facts regarding Defendant D; i.e., the following circumstances acknowledged by the evidence duly adopted and investigated by the court below; i.e., the crime of joint injury and joint assault of this case began with Defendant D first with the victim O; ii) the defendant A, B, C, and E, who had exercised violence against the victims at the time, testified to the effect that the defendant D had been present at the scene of drinking and drinking the victim M in accordance with the investigation process conducted by the investigative agency; iii) the above defendant B, C, and E, stated to the purport that the prosecutor’s inquiry asked whether the victim M was in the course of the investigation conducted by the investigative agency, stated to the effect that the defendant B, C, and E, stated to the effect that the defendant D was not aware of the fact at the time of the victim M, “I will not memory the victim’s inquiry”, and “I do not have any main record”, but later they were charged for perjury by the prosecutor.

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