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(영문) 수원지방법원 2013.04.18 2013노563
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (unfair punishment) is too unreasonable for the lower court’s punishment ( fine of KRW 700,000).

B. Defendant B (Definite) was not at the time of victims, and the Defendant was not at the time of a person with a disability.

2. Determination

A. According to the evidence duly adopted and examined at the court below's decision on the assertion of mistake of facts (in particular, the investigation report (the other party to the field CCTV investigation) and each police interrogation protocol on the E and H, it was found that ① Defendant B was in front of the entrance of an apartment living in the victim E (the front of the elevator immediately), together with Defendant A, used the above victim's hair and body on the floor while breaking the victim's head and body and breaking it down, or Defendant A was walking the above victim's walk, and it was difficult to find the above victim's head and body back to the above victim's walk and walk the above victim's walk, ② The above victim who was used on the D floor to put the above victim's elevator into the elevator, and it was found that Defendant B continued to put the elevator into the elevator, and it was difficult to find the victim's door back to the elevator, and that Defendant B continued to put the victim's door back to the elevator.

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