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(영문) 서울남부지방법원 2020.06.19 2019노189
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Legal principles and mistake of facts (1) Co-defendant B did not participate in the assault. Thus, the defendant's act of assaulting victim E constitutes a simple assault.

(2) The Defendant did not anticipate that the Defendant was only aware of the intent to exercise the force against the victim by cutting down the left shoulder of the victim E, and did not have the intention to commit the injury, and that the said act may cause an injury to the right shoulder of the victim.

(3) Violation B of the principle of free evaluation of evidence consistently denied the fact of assault in the court of the court below, and the defendant recognized only the act of assault committed by himself, and despite the denial of the part of the injury, the court below excluded the limitation of the principle of free evaluation of evidence that the court below took part of

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

2. Determination

A. (1) In light of the content of the judgment of the court of first instance on the points of joint assault (a) and the evidence duly examined by the court of first instance in the first instance, the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance shall not be deemed to have been clearly erroneous, or except in exceptional cases where it is deemed that maintaining the judgment of the court of first instance on the credibility of the statement made by a witness of the court of first instance is significantly unfair considering the results of the first instance examination and the results of additional evidence examination conducted by the time of closing argument in the appellate trial, the appellate court shall not reverse the judgment of the court of first instance on the sole ground that the first instance on the credibility of the statement made by a witness of the court of first instance is different from the judgment of the appellate court (see, e.g., Supreme Court Decisions 2010Do827, Oct. 14, 2010; 2013Do11802, Nov. 28, 2013). G.

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