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(영문) 대구지방법원 2015.05.14 2014노1781 (1)
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) 1) Violation of the Punishment of Violences, etc. Act (joint injury) was committed, and Defendant B did not have been at the scene of the instant case, and there was no fact that the victim N was abused and inflicted an injury on the said victim.

나) 폭력행위등처벌에관한법률위반(공동강요)의 점 피고인 B은 피해자 O의 팔짱을 끼고 S부동산 사무실로 끌고 간 사실이 없다. 2) 양형부당 피고인 B에 대한 원심의 형(벌금 400만 원)이 너무 무거워 부당하다.

B. Defendant C 1) Violation of the Punishment of Violences, etc. Act (joint intimidation) was committed. Defendant C merely said that the victimO would resign from the office of the president of the board of directors of the board of directors, and there was no threat against the victimO.

나) 폭력행위등처벌에관한법률위반(공동상해)의 점 피고인 C은 피해자 N를 폭행하여 위 피해자에게 상해를 가한 사실이 없다. 다) 폭력행위등처벌에관한법률위반(공동강요)의 점 피고인 C은 피해자 O의 팔짱을 끼고 위 피해자를 S부동산 사무실로 끌고 간 사실이 없다.

2) The lower court’s sentence against Defendant C of unreasonable sentencing (a fine of KRW 6 million is too unreasonable).

2. Determination

A. As to Defendant B’s assertion, the following circumstances are acknowledged according to the fact that Defendant B’s assertion was against the Punishment of Violences, etc. Act (joint injury) and the evidence duly adopted and examined by the court below.

① In the first investigation conducted by the police, the victim N testified that 2-3 male and female and the first male and female and the first male and female were able to see the S real estate. In the second investigation conducted by the police, the police officer compared and inspected several photographs of the police officer, and Defendant C and B, among which they were identified as the people with their her her her her her her her her her her her her her her her, and even in the court of the lower trial, Defendant C and B intended to her her her her her her her her her

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