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(영문) 수원지방법원 2014.08.28 2014노2261
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of 1.5 million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Recognizing the fact that the defendant in mistake of facts inflicted an injury by exercising violence against the victim E, but at that time, the denial of the defendant C does not have used violence, such as taking the head and title of the victim.

Therefore, the judgment of the court below that recognized the victim's injury jointly with C, even though the defendant was the sole crime of this case, is erroneous in the misapprehension of facts and affected the judgment.

B. The lower court’s sentence of unreasonable sentencing (2 million won) is too unreasonable.

2. Determination

A. The victim of the assertion of mistake of facts consistently states from the investigative agency to the original trial court that “C has sufficiently divided the victim’s head and title into the victim’s head and title.” As such, C explains the situation in which it assaults the victim jointly with the Defendant in a very specific and detailed manner.

In addition, in the court of the court below, F, who observed the site of this case, stated that “C is divided into the victim’s head and her son,” and stated that “C has not been seen as taking into consideration the victim’s head and her fat.” However, in other words, C, when the defendant and the victim live in fat, made a statement that “C fats the victim’s head and her fat, fat and bat, fats the victim’s head and fat, and fats the head and fat, and fats the clothes,” and clearly stated that C committed assault jointly with the defendant at the site of this case.

Therefore, in full view of the victim’s statements and F’s statements consistently committed by the Defendant and C from the investigative agency to the court of the court below, it can be sufficiently recognized that the Defendant committed the assault with C as stated in the judgment of the court below. Accordingly, this part of the Defendant’s assertion is rejected.

B. Although the defendant did not agree with the victim on the assertion of unfair sentencing and there are circumstances such as the victim's still wanting punishment, the defendant, along with C.

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