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(영문) 울산지방법원 2017.12.08 2017노810
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (1) misunderstanding of the facts and legal principles, the above Defendant 1) committed a fighting between Defendant C and the co-defendant A in good faith in order to fight between Defendant C and the court below, and did not directly inflict an injury upon Defendant C, or conspired to commit the above injury. Thus, the court below convicted the above Defendant, which erred by misapprehending the facts and misapprehending the legal principles.

2) The sentence of the lower court (one million won in penalty) against the above defendant in sentencing is too unreasonable.

B. Defendant C1) misunderstanding of the facts or misapprehension of the legal principles, the above Defendant unilaterally met with Defendant B and A, and did not assault the above B and A as stated in the facts charged. Thus, the judgment of the court below which convicted the above Defendant, was erroneous in the misapprehension of the facts or in the misapprehension of the legal principles.

2) The sentence of the lower court (one million won in penalty) against the above defendant in sentencing is too unreasonable.

2. Judgment on Defendant B’s assertion

A. 1) The lower court determined that the Defendant guilty of the charges against the said Defendant as evidence, including witness J, K’s statements in each court of the lower judgment, the testimony and injury diagnosis in the investigation agency of the Defendant C, and the investigation report containing the contents of telephone listening for witnesses.

2) In determining the credibility of a statement made by a victim, etc., supporting the facts charged, the court of the relevant legal principles, as well as whether the content of the statement itself conforms to the rationality, logic, inconsistency, or rule of experience, or conforms to the evidence or third party’s statement, as well as whether the statement was made in the open court after being sworn in the presence of a judge, such as the appearance or attitude of the witness, and the penance of the statement, which is difficult to record in the witness examination protocol, should be considered to assess the credibility of the statement by directly observing all the circumstances that are difficult to record.

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