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(영문) 서울북부지방법원 2018.02.02 2017노2480
특수상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the misapprehension of the legal principles and mistake of facts, Defendant A brought the victim W, and Defendant A refers to the victim as soon as possible, and the head and shoulder was broken by hand, but there was no assault against the other victims except W.

Defendant

B There was a fact that the fire extinguisher was divided into the victim T, but there was no violence against the victim S and Q.

S and Q’s legal statement is not reliable, and there are ambiguous parts in the part of raising the identity of the perpetrator, or is merely abstract in the abstract statement. Defendant C shall be discarded to the victim U.S. “Unless they move out.”

Although the phrase “,” there was no fact of exercising physical power against the victim U or ordering the victim V to do so.

In light of the circumstances, etc. surrounding the world at the time of the instant case, there is no credibility of a specific V’s legal statement to Defendant C with respect to a person who is not “at the time,” who had been a large number of labor stations around the instant case.

The defendants do not intend to assault the victims, but did not execute the delivery of real estate, but did not go through the lawful source of authority and did not intend to exercise physical conflict between the victims, such as spawnizing the victim's beforehand and spawn spawn in the process.

Defendants did not have conspired to inflict injury on the victims.

Nevertheless, the court below erred by misapprehending the facts or by misapprehending the legal principles, thereby finding the Defendants guilty of all the charges.

B. The sentence sentenced by the lower court to the Defendants is too unreasonable.

2. Determination

A. The facts of assault in the facts charged against the victim W are recognized by the defendant A, and the part of the facts charged against the defendant A, in addition to the part of the facts charged against the defendant A.

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