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(영문) 대전지방법원 2015.10.29 2015노327
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) misunderstanding of facts) Defendant A merely stated that Defendant B was at the time of the victim D, and did not assault the victim by taking an action. (2) The sentence of an unreasonable sentencing decision (2,00,000 won of fine) by the lower court is too unreasonable.

B. The sentence of the lower court (a fine of KRW 2,500,000) (a fine of KRW 2,500) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the court below's legitimately adopted and examined the defendant A's assertion of mistake of facts: (i) the victim stated in an investigative agency that "I first assault the defendant B, followed by one other," and that "I am not the male (F) who was drinking at E, followed the body of the victim, such as face, face, etc., left side, etc." (Evidence No. 127, 128 of the record), and the court of the court below also stated that "I am the same as "I am," and the F am was free from the defendant's first statement in the investigative agency that "I am unable to follow the investigation." (No. 39 of the trial record); (ii) the victim's first statement in the police investigation agency that "I am out of the victim's face," and the victim's first statement in the court below's statement that I am out of the victim's face, and the victim's first statement in the court below's statement that I am 1 to the victim's 2.

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