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(영문) 서울중앙지방법원 2014.04.10 2014노437
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendants guilty of joint assault among the facts charged in this case although the defendants did not assault the victim of mistake, is erroneous in the misapprehension of facts which affected the conclusion of judgment.

B. The lower court’s sentence of KRW 2 million imposed on Defendant B and the fine of KRW 3 million imposed on Defendant A is too unreasonable.

2. Determination

A. The Defendants asserted that the testimony of E, F, and G, a witness, is inconsistent and inconsistent with each other, and that there is no credibility.

However, the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely,: (a) E, immediately behind the victim D at the time of the instant case; and (b) G, from the behind the victim and the Defendants, had the victim and the Defendants attend the instant case by attempting to capture the victim and the Defendants, respectively; and (c) F, upon receiving the request from G to assist the victim and the Defendants, participated in the instant case (the victim and the Defendants stop beyond the victim and the Defendants were the usual part located in the middle of the flight stairs at the entrance of the subway station), and (b) E and G were in accord with the court immediately after the instant case to the court below, and the Defendants first appeared to go to the victim, E and G, etc. at the time of leaving the scene; and (d) there was a statement that the Defendants conspired with the victim and the Defendants to harm the victim and the Defendants; and (e) the Defendants argued to the effect that they were in collusion with the court below to the effect that they did not know that they would harm the victim and the Defendants.

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