(영문) 광주지방법원 2019.07.23 2019노1105 | 리걸엔진

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(영문) 광주지방법원 2019.07.23 2019노1105

폭력행위등처벌에관한법률위반(공동폭행)

Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant reported that Co-Defendant A and the victim C are being wraped by each other, and even if the Defendant was sent to the police while the Defendant was wraped by the victim F, the Defendant was sent to the Defendant, and there was no fact that Co-Defendant A and Co-Defendant C used to assault the victim in collaboration with the Defendant as described in the facts charged.

B. The lower court’s sentence of unreasonable sentencing (six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the content of the judgment of the court of first instance as to the assertion of mistake of facts and the evidence duly examined by the court of first instance, if there are special circumstances to deem that the first instance judgment on the credibility of the statement made by the witness of the court of first instance was clearly erroneous, or if the first instance court’s determination on the credibility of the statement made by the witness of the court of first instance and the result of additional examination of evidence not later than the time of closing argument in the appellate trial are not acknowledged exceptional cases where maintaining the first instance judgment on the credibility of the statement made by the witness of the court of first instance is remarkably unfair, the appellate court should not reverse the first instance judgment solely on the ground that the first instance judgment on the credibility of the statement made by the witness of the court of first instance is different from the appellate court’s judgment (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 206). The court below acknowledged the credibility of each of the testimony made by the victim C of this case and the witness at the time, and found the defendant and the joint victim guilty.

The victim clearly states that not only A but also the defendant was assaulted by the victim, and its main contents are relatively consistent from the investigation stage to the court below's trial.

F also, as F will look at memory at at the time of "the court below's decision, A and the victim will collapse on the road.

참조조문

-폭력행위 등 처벌에 관한 법률

참조판례

-대법원 2006. 11. 24. 선고 2006도4994 판결

유사 판례

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