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(영문) 서울서부지방법원 2014.07.03 2014노118
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Of the judgment of the court below on the erroneous determination of facts, the defendants assaulted the victim F with breath and breath face in the victim’s breath, etc. However, the victim’s upper part as stated in the judgment of the court below was not caused by the assault by the defendants, but by the assault by the defendants even if it was caused by the assault by the defendants.

Although it does not constitute injury, the judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous in misconception of facts.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment with prison labor for Defendant A and ten months) is unreasonable, respectively.

2. Determination

A. In light of the circumstances acknowledged by the evidence duly adopted and investigated by the lower court, such as the J, K’s respective legal statements, damaged photographs, field photographs, etc., as to the assertion of mistake of facts, the fact that the Defendants jointly committed an injury to the right side of the victim when considering the face part of the victim’s face at multiple times as stated in the judgment of the lower court can be fully recognized.

(1) Police J and K, who called to the scene of the instant case, had been observed by the investigative agency to the court of the court below in common, “At the time, the Defendants observed that they were frightening the breath of the victim’s breath adjacent to the chemical team, frightening the victim’s breath, leading up to the victim’s breath part, and the victim’s breath part was flad, and the clothes were teared. The victim’s mother was far away from the ground

The Defendants, while trying to separate the Defendants and the victims, ought to read “the victims”. I see this. “The victims of the defect”. “The victims of Dan, Dan, and Don, caused the face part so that the body of the victims can be shaken back and rear.”

At the time, the victim was assaulted against the Defendants and was faced with the body in Ethma.

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