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(영문) 수원지방법원 2018.10.12 2018노3354
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendants are not guilty.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (hereinafter “Defendant A1”) did not err by misunderstanding the fact that he was the victim at the time of the instant case, or she did so with flapsing.

Although the court below found the defendant guilty, the court below erred by misunderstanding the facts.

2) The lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

B. Defendant B (1) In the instant case, the Defendant was merely disputing the joint Defendant A at the time of the instant case, and did not cause any injury to the victim.

Although the court below found the defendant guilty, the court below erred by misunderstanding the facts.

2) The lower court’s unfair sentencing (an amount of KRW 1.5 million) is too unreasonable.

2. The summary of the facts charged of the instant case was around 04:30 on August 20, 2016, the Defendants went to the attachment of friendly E in front of the funeral ceremony of the D Hospital in Ansan-si, and were dissatisfied with each other under the influence of alcohol, the victim F (53 years old) was frank back, and the Defendant B was flick, and the victim was flick, and the victim was flick, and the victim was flick, and the Defendant A was flick up with the victim’s 2 to 3 flicking part of the victim’s entrance flick, and flicked the victim’s flick, and flicked the victim’s flick, and flicked the victim’s flick, which requires treatment for about 22 days.

3. The lower court found the Defendants guilty of all the charges of this case against the Defendants, taking into account the Defendants’ respective legal statements in the lower court, the witness F’s partial statement in the lower court, each of the police interrogation records, F, and G’s respective police statements in relation to the Defendants, investigation reports (such as the contents of a shot-ray telephone call, the submission of a written confirmation of victim treatment, and the confirmation of CCTV), investigation reports (damages to the victims at the time of dispatch, injury diagnosis, standing photographs, and closure screens.

4. Determination on whether a deliberation was made

(a) Acknowledgement of guilt in a criminal trial leads to a judge’s conviction to such an extent that it is not likely to be doubtful.

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