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(영문) 수원지방법원 2015.04.22 2014노5113
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

The sentence of punishment against the Defendants shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. The Defendants did not commit an injury by jointly assaulting the victim at the time of the instant case.

B. The sentence imposed by the lower court on the Defendants (a fine of KRW 500,000) is too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: ① part of the Defendants’ form was recorded in CCTV installed at the location of this case; ② Defendant B appears to have a strong resistance from the vehicle of this case; ② Defendant B her pressured by putting H on the ground floor in the process; Defendant A acknowledged the fact that he she was shoting; ③ Defendant A, who was a witness at the time, the Defendants, and H were shoting the body of H in the process; ④ Defendant B stated that the body of the body of the H was cut down in the process, and Defendant B did not interfere with the victim’s first diagnosis of the crime of this case; ④ Defendant F she stated that the Defendants divided the body of the H in the process of this case, and Defendant F she did not have any serious pain on her chest, and Defendant F she made a statement in this case with the victim’s first statement in front of the crime of this case.

Therefore, the defendants' assertion of mistake is without merit.

B. Although the Defendants were led to the confession of each of the instant crimes in the lower court, they denied the said crimes.

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