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(영문) 전주지방법원 2015.08.17 2015노620
상해등
Text

All appeals filed by prosecutors and Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court acquitted the Defendants on this part of the charges, even though it is acknowledged that the Defendants jointly inflicted an injury upon the victim A by mistake of facts (1) (the violation of the Punishment of Violence, etc. Act (joint injury) against the Defendant B and the Defendant C).

(2) The lower court’s sentence (Defendant B: imprisonment with prison labor for six months) is too uneasible and unfair.

B. Defendant B’s punishment is too unreasonable.

2. Determination

A. The lower court determined that: (a) among the facts charged in the instant case, there was a statement at A and I’s investigative agency and court of the lower court as direct evidence concerning the Defendants’ violation of the Punishment of Violence, etc. Act (joint injury) among the facts charged; (b) A’s statement is unable to properly associate with A at the time of the instant case due to the obsession; and (c) I is difficult to believe as it is in light of the fact that there was a fluoral relationship with A with A due to the fluory behavior of A; (d) the Defendants committed violence against A and prevented it; and (e) there was no fact at the time of fluoring A as shown in the facts charged; (c) the statements at N, M’s investigative agency and court of the lower court correspond to the contents of the Defendants’ face; and (d) A asserted that the Defendants were at several times, according to the diagnosis document with respect to A, the remaining evidence submitted by the prosecutor alone cannot be deemed to have been beyond reasonable doubt as to the facts charged.

In light of the records, we affirm the judgment of the court below as just.

Therefore, the prosecutor's assertion of mistake is not accepted.

B. The instant crime committed by a prosecutor and Defendant B on the assertion of unreasonable sentencing is based on six principles of care for the victim by assessing the face of the victim C on drinking by Defendant B.

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