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(영문) 대전지방법원 2015.12.10 2015노1149
상해
Text

All the judgment below is reversed.

The sentence of punishment against the Defendants shall be suspended.

Reasons

1. Summary of grounds for appeal;

A. There is no erroneous determination of facts, misunderstanding of legal principles, and the Defendants’ failure to exhaust all necessary deliberations.

B. The sentence of unfair sentencing (Defendant A, C: each fine of one million won, and fine of 1.5 million won) by the lower court is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below for determination of mistake of facts, misapprehension of legal principles, and incomplete hearing are: ① the contents of the victims’ statements are replaced by the specific and major parts of the victims’ statements, and the description of the situation at the time is specific, and thus, it cannot be seen that the contents of the statements are not practically experienced; thus, the credibility of each statement is reliable (where the statements of the witness are consistent in the main parts of the statements, it shall not be denied without permission just because the witness’s statements are somewhat inconsistent with the statements of the victims). ② The witness’s statements are in substitution with the victims’ statements, and are in accord with the victims’ statements even after the victim’s diagnosis, thereby supporting the credibility of the victims’ statements; ③ so long as the victims’ statements are in a position of conflict with the Defendants as they joined a trade union different from the Defendants, it is difficult to reject the credibility of the statements merely because they are not in conflict with the Defendants at the time of their actions in a narrow video file.

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