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(영문) 대구지방법원 2015.05.28 2015노465
폭력행위등처벌에관한법률위반(공동감금)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant D and E (Definite) 1 only met the victim L her son, and there is no fact that Defendant D used the victim L her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her part

B. The respective sentence of the lower court against the Defendants (unfairly unfair) (one and half years of imprisonment for each of the Defendants A, D, and E: 8 months of suspended execution, two years of suspended execution, and 80 hours of community service) is too unreasonable.

2. Determination

A. According to the evidence duly admitted and investigated by the lower court regarding Defendant D and E’s assertion of mistake, the following circumstances are recognized.

① Although the victims’ respective statements are not somewhat consistent in their detailed parts, their respective statements are very detailed, and are consistent from the police to the court of the court below, and there is no other evidence to prove that the victims’ respective statements were objectively deemed objectively, and thus, they cannot be easily rejected without reasonable grounds.

(대법원 2005. 4. 15. 선고 2004도362 판결, 대법원 2008. 3. 14. 선고 2007도10728 판결 등 참조). ② 피해자 L은 경찰 및 원심 법정에서 피해자 H와 피고인 E이 T 사무실 밖에 있었는데, 사무실 안으로 들어오자마자 피고인 E이 피해자 H를 넘어뜨리면서 피해자 H의 뺨을 때리고 발로 찼다는 취지로 진술하였고(수사기록 145쪽, 공판기록 152쪽), 피해자 H 역시 원심 법정에서 피고인 D가 피해자 L을 때리고, 의자로 등을 찍기도 하였다고 진술하였다

(2) At the present site, S, which was at the present site of this case, showed at the prosecutorial office that Defendant D was liable for the loss of the victim L, and there is time to place it as a chair.

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