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(영문) 서울서부지방법원 2014.07.04 2014노496
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty in the absence of assaulting the victim G only by assaulting the victim G, and jointly with C, is erroneous in the misapprehension of facts.

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

2. Judgment on the assertion of mistake of facts

A. The Defendant consistently stated from the investigation stage to the trial at the court, that the Defendant did not assault the victim. However, the Defendant asserted that he only fights between C and the victim, and C stated that the Defendant did not assault the victim from the investigation stage to the court at the court at the court at the court at the court at the court at the court at the court at the court at the court below (32 pages of evidence record).

However, with regard to the following circumstances acknowledged by the evidence duly adopted and examined by the court below, i.e., ① the defendant was under the police investigation, and the defendant tried to fight by taking action to stop fighting by hand, etc. (Evidence Records 41, 42 pages). However, the court below stated to the effect that C and the defendant were faced with C and the defendant did not fight but did not fight, and that the defendant's statements and the defendant's statements were not entirely deemed to have been sent to the defendant (Records 42, 44 pages of the trial record) were inconsistent with C's statements and the defendant's statements were first made by the police investigation, but the victim took a fighting with the defendant and C, but the victim took the desire to do so first, while the victim took a fighting.

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