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(영문) 인천지방법원 2018.07.06 2017노4487
폭력행위등처벌에관한법률위반(공동상해)등
Text

The appeal by the Defendants and the prosecutor is dismissed.

Reasons

1. Reasons for appeal;

A. Defendant A1) In fact, Defendant A1 was not the victim I but the victim I, but after the victim did not identify the perpetrator immediately after the instant case received contact address from J, the victim identified the Defendant as the perpetrator, which is the characteristics of the mustache infection, was merely a fact that the victim was or was involved in others based on cancer or distortion, and thus, the victim’s statement was very low in credibility and is not specific, the judgment of the court below convicting the Defendant of the injury to the victim I.

2) The sentence of the lower court’s unfair sentencing (a prison term of six months, a suspended sentence of one year, and a community service order of 40 hours) is too unreasonable.

B. Defendant B’s punishment (2 million won) by the lower court is too unreasonable.

(c)

Prosecutor E was assaulted by Defendant A and K

The defendant A was prosecuted, and K made the victim E at the time after the defendant A was prosecuted.

The judgment of the court below which acquitted Defendant A of the injury inflicted on the victim E, despite the fact that Defendant A had inflicted an injury on the victim E because there is a high possibility of perjury in the court below, is erroneous in the misapprehension of facts.

2. Determination:

A. The defendant's assertion of mistake of facts by the defendant A also asserted that the above facts were erroneous, and the court below rejected the above argument in detail. In light of the evidence duly admitted and investigated by the court below, the judgment of the court below is justified, and the defendant's assertion of mistake is without merit.

B. In light of the records, the court below found Defendant A guilty of the injury inflicted upon the victim E among the facts charged of this case, and examined the evidence duly adopted and examined by the court below in light of the records, the evidence submitted by the prosecutor is alone.

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