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(영문) 의정부지방법원 2015.06.30 2015노21
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not have committed a mistake of facts jointly with C, and there is no fact that the victim was committed.

B. The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. 1) Judgment on the assertion of mistake of facts can be found by the evidence duly adopted and examined by the court below. ① The victim has consistently and specifically stated from the investigative agency to the court below's court. ② The victim stated in the investigative agency that "the defendant and C suffered an injury by assaulting the defendant and C, causing an injury to the defendant and C." In particular, the victim stated in the investigative agency that "the defendant and C suffered an injury by assaulting the defendant and C," and in the court of the court of the court below that "the defendant and C suffered an injury with their head and face without mind," ③ The victim stated that "the head and face are faced by the defendant and C." The victim stated in the court of the court below that "the defendant and the victim suffered an injury, such as the stong, stowing, stove, stoke, salt, etc." The victim's statement that "the defendant and C did not have an injury to the victim's above statement" corresponds to the victim's above statement, ④ The victim's statement and the victim's right to the defendant and the victim cannot be found credibility.

B. On the assertion of unfair sentencing

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