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(영문) 부산지방법원 2017.10.26 2017노2559
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The court below found the Defendants guilty of the facts charged in this case, although the Defendants did not jointly inflict an injury on the victim. The court below erred in the misapprehension of facts.

B. The lower court’s punishment (the Defendants: KRW 1,00,000 per each fine) against the illegal Defendants is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On September 15, 2016, the Defendants issued a complaint stating that “E located in Busan Dong-dong, Busan, on September 15, 2016, the Defendants and the victims F (V, the age of 56) who were the students of the elementary school and the students of the dong-dong in the case of the instant charges were “A’s prosecution” to the other students of the same Dong-dong.

While asserting that there was a dispute with the victim with respect to this, the defendant B was raising the victim's shoulder by hand, and the defendant B was satisfing with the victim's head at one time by hand. The defendant A was pushed down with the victim's head at one time by hand.

As a result, the Defendants jointly inflicted an injury on the 14-day climatic salt, which requires treatment on the victim.

B. In light of the following circumstances acknowledged by the court below's judgment and the evidence duly admitted and investigated by the court below, the court below is just and acceptable, and there is no error of law by mistake of facts as alleged by the defendants.

In the police and the prosecution, the victim F had "B laid down plastics to himself and herself at his shoulder."

A also made a statement in a specific and consistent manner that “A was at the time of his own head due to drinking, and she was sealed with A, thereby leading to a defect in body fighting (the 12th page, 78th page of the evidence record).”

In addition, the victim was issued a written diagnosis of injury following the occurrence of the instant accident, and the victim’s statement of injury was made by providing that “the cause of injury” column in the above written diagnosis of injury was “the person who caused the injury to him/her by hand.”

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