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(영문) 부산지방법원 2015.04.16 2014노4109
폭행등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A did not knee and buckbucks by police officers H, and Defendant B did not assault the victim I.

B. The lower court’s sentencing (Defendant A: a fine of KRW 3 million, Defendant B: a fine of KRW 300,000) is too unreasonable.

2. The following circumstances acknowledged by the court below based on the evidence duly adopted and examined by the court below as to the assertion of mistake of facts: (i) victim I, F, and police officers made a statement that corresponds to the facts in the instant case at an investigative agency; (ii) the above statements are consistent and specific; and there is no contradiction between the Defendants at the time of the crime; (ii) Defendant A made an assault with the victim F and I when the victim F and I are sent back to the scene of the crime; and (iii) Defendant B made an attack, such as the victim F's face and back water during the process of sending back a vision between the victim F and I; and (iv) Defendant B made an attack against the Defendant A, even though the victim I was exposed to the face at the place indicated in the facts in the facts in the instant case, Defendant A left the taxi site two times or more; and (iv) Defendant A’s act of assaulting the victim and the victim; and (v) Defendant A’s act of assaulting the witness at the time was also made to the police officer assigned to the Busan police station, and made a consistent statement to the Defendant A as well.

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