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(영문) 광주지방법원 2016.07.21 2015노2406
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the victim F and witness H’s statement related to the facts charged, credibility is recognized, and in light of the injury diagnosis report and damaged photograph, etc., the defendants jointly committed an assault and injury to the victim F and the facts charged.

Nevertheless, the court below found that the credibility of each statement of F and H is insufficient.

On the other hand, the remaining evidence alone found the Defendants not guilty of the facts charged on the ground that it is insufficient to recognize the charges.

The lower court erred by misapprehending the legal doctrine that affected the conclusion of the judgment.

B. The lower court’s sentence (200,000 won in penalty) against Defendant A, which was unfair in sentencing, is too uneased and unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in the instant case was jointly carried out by the Defendants in the E market located in B, around November 11, 2014, around 16:00, and around 16:00, Defendant A brought an injury to the victim by having the victim F take a bath at a time, pushing the victim’s breast part of his breast part of his breast part of the victim’s breast part of the hand hand, and Defendant B also carried the victim’s breast part of his breast part of the victim’s breast part of the hand hand, and making the victim do not go through the left part of the E market, which requires the victim’s treatment for about two weeks.

B. (1) The Defendants denied the charges from the investigative agency to the court of the court below.

As to this, the court below held that there are statements, injuries diagnosis certificates, damaged photographs, etc. in F and H's respective court of the court below and investigation agencies as evidence as shown in the facts charged.

After its explanation, F and H rejected the credibility of each of the statements made by F and H for the following reasons.

(2) First, with respect to the statement made by the victim F in the court below and in investigation agency, the victim F did not have any contact with the ordinary Defendants, and on the day of the instant case.

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