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(영문) 인천지방법원 2014.07.16 2014노859
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The victims of misunderstanding of facts did not look at the time of the victims, and the victims are self-defense as a defense against the assault by the victims.

B. Each sentence against the Defendants on the lower court’s unreasonable sentencing is too unreasonable.

2. Determination

A. (1) In light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act, unless there are special circumstances to deem that the first instance court’s determination on the credibility of the statement made by a witness of the first instance was clearly erroneous, or in view of the results of the first instance court’s examination and the results of additional examination of evidence not later than the closing of argument in the appellate trial, maintaining the first instance court’s determination on the credibility of the statement made by a witness of the first instance court is clearly unfair, the appellate court should respect the determination on the credibility of the statement made

(2) The lower court acknowledged the credibility of the examination by directly conducting the examination of the witness in relation to J, K, F, I, etc. (see, e.g., Supreme Court Decision 2006Do494, Nov. 24, 2006).

It is not clearly unreasonable to maintain the judgment of the court below on the credibility of the judgment.

(3) Comprehensively taking account of the evidence duly adopted and examined by the court below in each of the above testimony, it is acknowledged that there was a dispute between Defendant A and the victims due to the victim’s desire to take care of the victim F and G, Defendant A and Defendant B had the face of the victim F. Defendant B jointly with Defendant A, and Defendant B had the head of the victim F. The circumstance leading up to the crime of this case, the situation at the time of the crime, and the Defendants’ desire.

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