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(영문) 광주고등법원 2016.05.12 2015노571
특정범죄가중처벌등에관한법률위반(보복상해등)등
Text

All appeals by the Defendants are dismissed.

Reasons

Defendant

The lower court acquitted the Defendant on the charge of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (defluence, etc.) and the attack against the victim F among the facts charged in the instant case.

The portion of innocence was finalized as it is because the prosecutor did not appeal.

Therefore, the scope of this court's trial against the defendant is limited to the guilty part of the judgment below.

2. Determination as to Defendants’ appeal

A. As to the assertion of misunderstanding of facts and misapprehension of the legal doctrine, the Defendants did not jointly assault the victim L, and the Defendant A claimed to the effect that there was no misunderstanding of facts, i.e., retaliation against the victim G, ii) attacking the victim L, and iii) threatening the victim Y.

However, the Defendants asserted the same in the lower court, and the lower court rejected the Defendants’ allegation on the grounds of detailed circumstances between 4 and 11 of the 8th judgment and 11.

Examining the circumstances set forth by the court below in comparison with the evidence duly adopted and examined by the court below and this court, the judgment of the court below is justified.

There is a violation of law by misunderstanding facts or misunderstanding of legal principles as alleged by the Defendants.

subsection (b) of this section.

We do not accept this part of the Defendants’ assertion.

B. The Defendant A committed a retaliation on the ground that the victim G made a statement unfavorable to the victim G in a criminal case. The victims’ weak points were repeated for a considerable period of time, and assaulted the victim L.

Nevertheless, the victims did not completely endeavor to recover damage.

In addition, the records of the same crime are several times, and in particular, during the probation period, the crime of this case was committed, and some crimes were committed during the period of repeated crime.

In this situation, the defendants' age, sex, environment, motive and background of the crime, circumstances after the crime, and the sentencing committee of the Supreme Court.

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