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(영문) 대전지방법원 2017.06.08 2016노3592
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

In light of the fact that the victim G misunderstanding the summary of the grounds for appeal consistently states the background of the assault and the part and frequency of the assault committed by the Defendants from the investigative agency to the court below's court, witness H and I also made a statement to the effect that the Defendants were unilaterally assaulted by the Defendants in the investigative agency, and that there was no statement from the investigative agency as to whether Defendant B made a fighting or not, the investigation agency did not make a statement. As such, although it can be recognized that the Defendants jointly inflicted an injury on the victim, the court below acquitted the Defendants of this part of the facts charged, and found the Defendants guilty of each injury only, the court below erred in the misapprehension of facts

The sentence sentenced by the court below which is unfair in sentencing (Defendant A and B: each fine of KRW 3 million) is too unhued and unfair.

Judgment

The summary of the facts charged in this part of the judgment of the court below as to the assertion of mistake in the facts charged is as follows: “The Defendants are not guilty, at the time, place, the victim G who is a representative engineer, and the proxy visa, and Defendant B, who was seated on the vehicle, stated in the judgment of the court below, told Defendant B of “the death of this substitute engineer,” and Defendant A, the victim’s face, and Defendant B, the victim’s face, and the victim’s face, the victim’s f-8m by drinking, and the victim was pushed the victim, and the victim was pushed the victim’s chest and f-8m behind the victim’s chest while taking a bath, the Defendants walked the victim’s chest and fat, etc., and the victim’s fat with Defendant B’s hand, Defendant A fatd with the victim’s face, fat, fat, fat, etc.

Defendant B continues to have the victim walk the breast part of the victim's chest who reported to the police, and let the victim walk the upper part of the victim, which goes beyond the floor, and the head is on the floor.

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