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(영문) 서울서부지방법원 2013.11.14 2013노959
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of the Defendants’ grounds for appeal

A. The Defendants suffered from misunderstanding of facts as a result of an office refund problem between the victims and the victims, and only the victims E left the Defendant A, and the Defendants suffered from injury to the victims.

The judgment of the court below which found the Defendants guilty of the facts charged of this case is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the lower court (Defendant A: a fine of three million won, Defendant B: a fine of two million won) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and examined by the court below, each of the statements made by E, F, G, H, and I present as a witness of the court below is clear and spatially specific, and it is difficult to view that there was an intentional act of injury to the Defendants, taking into account the following circumstances, such as the circumstance that the Defendants entered the office of this case from the police investigation to the court of the court below, the process that the Defendants entered the office of this case, the process that the victims were incurred after entering the office of this case, and the process that the Defendants sustained injury to the victims, and the fact that each of the aforementioned witnesses' statements made by investigation agencies and the court are found to have sufficient credibility. Considering the circumstance that the Defendants exercised assault against the victims, the degree of the assault committed, and the part of the injury, the defendants' assertion of mistake of facts is without merit.

B. Defendant A did not have any other criminal record except the record of punishment as a single fine, and Defendant B did not have any other criminal record regarding the allegation of unfair sentencing.

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