(영문) 대전지방법원 2014.07.09 2014노940 | 리걸엔진

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(영문) 대전지방법원 2014.07.09 2014노940

폭력행위등처벌에관한법률위반(공동상해)등

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (2013No. 4370 case and misunderstanding of facts) did not participate in the injury, and only told Defendant A and the victim E fighting, but the lower court convicted the Defendant of this part of the facts charged, which affected the conclusion of the judgment, by misunderstanding the facts.

B. Defendant A (unfair punishment)’s punishment sentenced by the lower court against the Defendant (three years of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances are acknowledged according to the evidence duly adopted and examined by the court below, in light of the determination of the mistake of facts by Defendant B.

1) While Defendant B’s order from the main point of “F” in the victim’s operation with Defendant A to cancel the order from the investigative agency up to the court below’s trial, Defendant A, who was requested from the victim to take out the victim, was able to take several times after leaving the victim, and Defendant B also went together with the victim, and Defendant B made a joint statement. Defendant B’s assault made a relatively concrete and consistent statement that the bones was broken out due to the victim’s assault and thus, the victim’s above statement can be made reliable. 2) The victim’s above statement was “The Defendant requested the victim to undergo alcohol, and the victim was unable to drink the alcohol within the main point, and the victim was able to take alcohol, and the victim was able to take care of the victim’s dubage, and used the victim, and the victim was also able to use it out, and the victim was also able to use the victim’s evidence and evidence consistent with the record of the court below’s consistent judgment.

3) At the time of the instant case, Defendant B and the Defendant A did not drink while drinking alcohol, and Defendant B argued that Defendant A was wraped with the victim of the mathma on the main point of “F”, and Defendant A was wraped with the victim. However, Defendant A had 3 wraped from “T” to “T.”

유사 판례

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