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(영문) 의정부지방법원 2014.06.27 2014노300
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

Of them, the part against Defendant C shall be reversed.

Defendant

C shall be punished by a fine of two million won.

Defendant

C.

Reasons

1. Summary of grounds for appeal;

A. Defendant C’s misunderstanding of facts (Defendant C) committed an injury to the victims due to misunderstanding of facts, etc., but Defendant C did not look at the victim’s head due to Defendant C’s her son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’

B. The sentence imposed by the lower court on the Defendants (Defendant A: fine of two million won; fine of one million won; fine of one million won; and fine of three million won for Defendant C) is too unreasonable.

2. Determination

A. According to Defendant C’s assertion of mistake of facts, etc., the witness E at the court of the court below stated to the effect that it is clear that the victim F was a defendant A and the victim F was not a defendant C. Meanwhile, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below: ① victim F was injured by her head at the time of committing the instant crime (each of the original witness’s testimony, evidence record 105, 164 pages, etc.); ② When the witness E first makes a statement at an investigative agency, the witness E at the court of the court of the court below stated to the effect that “I would know that one of the defendants was the F head at the time of committing the instant crime, who was the victim F’s head at the time of the court of the court below; and that the victim F was a white head at the time of the court of the court below; and that the victim F’s head at the time of the court of the court below’s judgment was a white head; and that the victim FF was a witness at the court of the court of the case 3727, 27.37.

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