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(영문) 광주지방법원 2015.12.17 2015노1462
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there is a fact that the Defendant misunderstanding of facts has set a window by baring the dog from playing, there was no fact that the Defendant abused the victim E or F and inflicted an injury.

Rather, victims were assaulted by victims.

B. The lower court’s sentence of unreasonable sentencing (fine 1,00,000) is too unreasonable.

2. Determination

A. In full view of the following facts admitted by the lower court as to the mistake of facts and the evidence duly admitted and investigated by the trial court, and each of the circumstances inferred therefrom, it can be recognized that the Defendant, in collaboration with A, etc., assaulted victims and inflicted bodily injury by drinking.

1) The victims stated at an investigative agency that "the defendant and the victim E were flicked with balbbbbling and pushing ahead with each other." The victim F was found to have been flicked with the victim F's head flbing and haired. The victim's face was taken from the second floor, and the defendant was also different from the defendant." The victim also stated that "The victim's face was flbing with the victim E at the same time when the victim was pushed together with the defendant." As seen below, the police officer dispatched to the scene at the time was taken pictures of the victim's side on the victim's side, ② The victim's statement cannot be deemed to have been made with the victim's false statement until the victim took charge of the victim's punishment in light of the victim's accusation, the victim's statement is acknowledged as credibility. According to the victim's diagnosis statement at the time when the victim's victim's injury was written, the victim's face and balbing with the victim's face, etc.

3) According to the investigation report (as a result of the 9th page of the investigation record, the report shall be received and sent to the face of E, E, and F at the time of their dispatch.

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