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(영문) 부산지방법원 2021.02.18 2020노3150
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the defendant and the prosecutor are dismissed.

The defendant shall pay 4,368,720 won to the applicant for compensation.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court (one year and two months of imprisonment) is too unreasonable.

B. Prosecutor 1) As to the violation of the Punishment of Violence, etc. Act (joint assault) against B among the facts charged in the instant case, the lower court rejected all of the statements made by the victim's investigative agency that correspond to this part of the facts charged and the credibility of the statements made by E in the lower court, and there is insufficient proof as to the crime in this part solely with the remaining evidence.

In light of the above, innocence was pronounced.

However, since all of the above statements are reliable, the judgment of the court below which acquitted the defendant as to this part of the crime is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

2) The sentence sentenced by the lower court is too unhued and unreasonable.

2. Determination as to the prosecutor's assertion of mistake of facts

A. The summary of this part of the facts charged [the point of common assault against the victim B] around 01:00 on March 31, 2019, the Defendant was called for the deduction of the vehicle from the parallel of the victim E (25 years old) and the victim B (26 years old) while drinking alcohol with six persons, such as C, female-friendly Gu D, etc. in the vicinity of the Busan-gu Busan-gu, Busan-do, and went to the parking lot of the Busan-gu building where the vehicle was parked with the above six persons.

Defendant and C are to be deducted from the victim’s behaviors in the above parking lot on March 31, 2019 at around 01:55, which became an issue of deduction of the difference between the victim and the victim’s behaviors in the above parking lot on March 31, 2019; and

As the victim B and E were able to take the floor of her hand, C was able to take the right face of the victim B once, and the defendant was tightly tightly tightly tightly tightly tightly tightly tightly tightly tightly with C, and C was tightly tightly tightly tightly tightly tightly tight with the victim B, and C went up with the victim B’s bridge.

Accordingly, the defendant assaulted the victim B in collaboration with C.

B. The lower court’s judgment can be acknowledged based on the evidence duly adopted and examined.

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