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(영문) 광주지방법원 2015.12.08 2015노1379
폭력행위등처벌에관한법률위반(공동폭행)
Text

The Defendants’ appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. There is no misunderstanding of facts that the Defendants used to assault the victim in such a way as to have the victim go beyond a saf by smuggling or to enjoy the shoulder of the victim that occurs from a saf.

B. The lower court’s punishment on the Defendants of unreasonable sentencing (a fine of KRW 700,000) is too unreasonable.

Judgment

A. In full view of the following circumstances acknowledged by evidence duly adopted and examined by the court below on the assertion of mistake of facts, i.e., (1) Police Officers F, upon receipt of a report, made the victim under investigation agency and court of the court below, and Defendant A forced him to sit on the victim's shoulder, by dividing the victim's shoulder to occur in a sofion. The F is a police officer, and there is no reason to make a favorable statement for one of the Defendants and the victims, and ② The I reported to the police at the court of the court of the court below, and reported the victim to the police by dispute between the Defendants and the victim, and entered the police office inside the management office with the police officer, and stated that the Defendant A was sealed with the victim as a sofion. On August 14, 2014, the Defendants jointly stated the facts constituting the crime of this case on August 18: 10, 2014, which appears to have arrived at the scene of the crime of this case within the scope of 18:15th of the Act.

It can be recognized that the victim was assaulted at the place indicated in the facts charged by the method of making the victim go beyond a sofacy.

Therefore, it is true.

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