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(영문) 의정부지방법원 2013.07.11 2012노2370
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for one year from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged by the prosecutor in the instant case, the court below acquitted the victim D and F on the ground that it is difficult to believe each of the victims' testimony even if the credibility of the statement made by the victim D and F is recognized that the defendant was a person with a strong will, among the facts charged by the prosecutor, of the instant case. The court below erred in the misapprehension of facts that affected the conclusion of the judgment.

B. The sentence imposed by the lower court (one million won of a fine) is too unreasonable.

2. Determination:

A. On May 24, 2012, the Prosecutor’s grounds of appeal (1) revealed that at around 23:00 on May 24, 2012, the Defendant: (a) expressed a bath, such as “Ig,” “Ig,” and “Ighhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhhh

(2) The lower court determined that: (a) when the police investigation is conducted, the Defendant stated that “F and D committed the Defendant’s act,” or “F and D committed the Defendant’s act with her will,” or “B and her act with her will”; (b) it is different from the Defendant’s statement in the investigative agency by making a statement to the effect that the Defendant was faced with her will, and (c) it is not reliable because the victims’ attitude of testimony in the lower court is not inconsistent with the order of assault, and the victims’ act of testimony in the lower court was not able to receive, and (c) the F did not specifically describe the situation of assault, and there is no credibility such as hearing D’s legal statement and making a new statement; and (d) the victims’ act does not coincide with the Defendant’s statement in the investigative agency; and (d) the victim F’s act was committed.

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