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(영문) 대구지방법원 2013.05.30 2012노3900
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not agree with the victim at the time of the instant case, but did not correspond to the victim, although he displayed a bank.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. Even if the Defendant was guilty of unreasonable sentencing, in light of the background and degree of the Defendant’s crime, etc., the sentence (one million won of fine) imposed by the lower judgment against the Defendant is too unreasonable.

2. Determination

가. 사실오인 주장에 대한 판단 피해자는 수사기관 및 법정에서 피고인이 피해자를 가방으로 때리고 발로 걷어찼다고 일관되게 진술하고 있다.

In addition, the police F, who was dispatched to the site at the time of the instant case, stated that the Defendant appeared to have been present at the court at the time of the instant case.

The above statements are specific and clear, and there is no circumstance to suspect the credibility thereof.

In addition, the investigation report (in the case of violence) prepared by the police H, which was called F with F at the time of the instant case, stated to the effect that “the victim was bleeped once by the bank cited by the Defendant, and led the victim to the first step.”

The court below is just in finding the Defendant guilty on the grounds of the above circumstances and there is no error of law by mistake of facts.

B. The Defendant’s husband’s claim on unfair sentencing is a favorable circumstance where there are circumstances to consider the circumstances leading to the instant crime in the course of demanding the Defendant’s husband to repay unpaid money from the victim, the victim injured the Defendant, and the Defendant has no record of criminal punishment.

However, the defendant still uses the defendant, such as the fact that the defendant denies and does not reflect the crime, and the string of the door and walking the door.

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