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(영문) 서울중앙지방법원 2016.09.08 2016노335
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s defense counsel asserted to the effect that Defendant A’s act constitutes self-defense or legitimate act on May 17, 2016 as a supplement to the grounds of appeal from May 17, 2016. However, this does not constitute legitimate grounds of appeal as a new assertion that was filed after the deadline for submitting the grounds of appeal.

In full view of the dispute between the above defendant and the victim C, the above defendant's act cannot be seen as a passive defensive act, and self-defense or legitimate act is not constituted.

The punishment of the lower court (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

B. Defendant B (1) misunderstanding of facts does not agree with the victim C's right to walk side glass, and there was no injury to the above victim in collaboration with Defendant A.

(2) The lower court’s sentence of unreasonable sentencing (two months of imprisonment, two years of suspended execution, and one hundred and sixty hours of community service) is too unreasonable.

C. Defendant C (1) misunderstanding of facts and misunderstanding of legal principles are the victim’s face or body in the process of leaving his body in order to escape from a group assault of Defendant B, Victim A, etc., and drinking is the victim’s face or body, and this constitutes self-defense or legitimate act.

(2) The lower court’s sentence of unreasonable sentencing (fine 1.5 million won) is too unreasonable.

2. Determination

A. The lower court: (a) examined the victim C as a witness and directly reported and observed the form, attitude, consistency, clarity, and accuracy at the time of the statement; and (b) determined that the above witness’s statement concerning the facts charged of this case was credibility.

In light of the spirit of the principle of substantial direct examination adopted by the Korean Criminal Procedure Act, the appellate court shall examine the credibility of the statement, except in extenuating circumstances.

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