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(영문) 수원지방법원 2015.02.05 2014노4528
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining the facts or violating the rules of evidence: (i) at the time of the instant case, Defendant B made the victim F the finger by hand; (ii) there was no fact that Defendant B had the wheels to catch the victim F’s arms or her head twice by hand, and there was no fact that Defendant A had the chest part of the victim F several times by hand; and (iii) there was no fact that Defendant A had the chest part of the victim F.

She also did not have a physical contact between the Defendants and the victim G while the victim G was pushed ahead with the Defendants, and there is no fact that the Defendants had a chest part of the victim G.

Then, the court below found the Defendant guilty of the facts charged in violation of the rules of evidence.

B. The lower court’s sentence of unreasonable sentencing (one million won by each of the defendants) is too unreasonable.

2. Determination

A. (1) The court below rejected the defendants' assertion under the title "the judgment on the defendants and their defense counsel's assertion" in the judgment of the court below, which states that the defendants' assertion is identical to the grounds for appeal against the mistake of facts or the violation of the rules of evidence, and the court below rejected the above assertion. In light of the evidence and records duly adopted and examined by the court below, the judgment of the court below is just.

In addition, the evidence duly adopted and examined by the court below and the records are as follows: ① around 21:05 on October 14, 2013, the defendants found E-private teaching institutes operated by the victim F due to the settlement of the private teaching institutes operated by the defendant A and the victim F as a business partner; ② the victim F reported to the police on the ground of the obstruction of the defendant's business; ② the defendants reported the crime to the police for about seven minutes after the report; ③ the defendant B and the victim F were at the scene of their respective Handphonephones.

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