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(영문) 수원지방법원 2015.06.26 2014노6499
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Punishment of Violences, etc. Act (joint injury) which was convicted of the Defendants in the facts charged in the instant case, Defendant A did not take the head of F on a hand, and rather was assaulted by F, and Defendant B merely reported Defendant A’s assault and told F.

B. Of the facts charged in the instant case of mistake of facts, Defendant A’s injury to Defendant A constitutes the injury of the crime of injury in the second fluoral injury of the victim G’s head satise and the second fluoral injury of the victim’s head satise and the second fluoral injury of the victim’s head satise. 2) The sentence (the suspension of sentence of each fine of KRW 500,000) imposed by the lower court on the Defendants is too uneasible.

2. Determination

A. According to the following circumstances acknowledged by the lower court’s evidence duly admitted and investigated by the Defendants’ assertion of mistake, i.e., (i) the victim F’s statement is specific and consistent; (ii) the victim F’s statement is confirmed to be in a flive condition; and (iii) the witness H states that the Defendants were injured by assaulting F as indicated in the facts charged; and (iv) according to each of the victim F and witness H’s statements, Defendant B appears to have been fleeped to prevent the victim F from getting out of the victim Flive position. In full view of the following circumstances: (a) the victim F’s statement was confirmed to be in a flive condition; and (b) the victim F and the victim’s testimony was issued; and (b) the Defendant B made a diagnosis to the effect that the victim’s flive condition was damaged by flatizing the victim’s flat; and (b) the victim’s flatizing the victim’s flatization.

Therefore, the defendants' assertion of mistake is without merit.

B. Prosecution's assertion of mistake of facts

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