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(영문) 대구지방법원 2019.06.14 2018노4949
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A, B, and B did not jointly inflict any injury on the victim G.

Nevertheless, the judgment of the court below that convicted the above defendants of violating the Punishment of Violences, etc. Act (joint injury) is erroneous in the misapprehension of legal principles.

On the other hand, the sentence sentenced by the court below to the above defendants (the fine of 1.5 million won, the fine of 1.5 million won, and the fine of 1 million won) is too unreasonable.

B. Defendant C did not have assaulted Victim C with the victim F.

Nevertheless, the judgment of the court below which found the defendant guilty of the above defendant's assault charges is erroneous in misconception of facts.

On the other hand, the punishment of the court below sentenced to the above defendant (700,000 won) is too unreasonable.

2. Determination

A. 1) Whether the above defendants A and B violated the Punishment of Violences, etc. Act (joint injury) and his defense counsel asserted the same contents as the reasons for appeal in the original instance. In this regard, the lower court rejected the above assertion on the ground of the detailed circumstances stated in paragraph (1) of the "a summary of evidence", which read that "the above defendants can recognize the fact that they jointly damaged the victim G, so they do not accept the above assertion." In light of the records of this case, a thorough examination of the evidence duly adopted and examined by the lower court, such as the witness G, F and H's respective legal statements, investigation reports (Attachment to cell phone images submitted by F) of the lower court, etc., the above defendants were jointly adopted and examined. Therefore, the above judgment of the lower court is just and acceptable, and there is no error of law that affected the conclusion of the judgment by misunderstanding facts as to the grounds for appeal. Therefore, this part of the above defendants' assertion is without merit.) The defendant and defense counsel of the above defendant C in this part of the lower court's appeal is with the same reasons for appeal.

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