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(영문) 서울중앙지방법원 2013.11.28 2013노2903
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts did not have any salbbbbling of the victims and did not commit assault or bodily harm.

B. The lower court’s sentencing (the amount of KRW 500,000 of a fine) is too unreasonable.

2. Determination on the grounds for appeal

A. The following circumstances revealed by the evidence duly adopted and investigated by the court below regarding the assertion of mistake of facts: ① the victims, from the investigative agency to the court of the court of the court below, have been diagnosed by the 14 days following the occurrence of the case and received treatment by the Defendant and C, etc.; ② the victim D was reported in 112; ② the police officer at the time reported in 112; ③ the victim D's defect that the police officer would have to file a complaint to the dispatched police officer; ③ the victim D's taking photographs into account the victim D's clothes; ④ the victim was diagnosed by the 14 days after the date of the occurrence of the case and received treatment by the victim; ② the victim was diagnosed with the victim's desire to receive treatment, and the victim was likely to receive the victim's desire to do so from the police department, ⑤ the victim's statement to the effect that it could have been made at the victim's own noise, ⑤ the victim's desire to do so.

Therefore, this part of the defendant's assertion is rejected.

B. Unreasonable sentencing.

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