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(영문) 대전지방법원 2017.08.30 2016노3634
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of the legal principles did not cause any harm to the victims by assaulting them, and the situation of the victims is insignificant and causing damage to their physiological functions.

It is difficult to see that the crime of injury is an injury.

B. Each sentence of the lower court’s unfair sentencing (Defendant A: fine of KRW 1 million; fine of KRW 2 million; fine of KRW 2 million; Defendant C; and Defendant E: Each fine of KRW 1.5 million; and fine of KRW 3 million) is too unreasonable.

2. Determination

A. The following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below as to the assertion of misunderstanding of facts and legal principles are (i) the victims are relatively specific and consistent from the investigative agency to the court below, and (ii) the victim J, L, N, M, and K issued a written diagnosis of injury to the hospital on the day of the instant case; and (iii) the causes of the injury and the parts of the injury, etc. indicated in the written diagnosis of each injury appear to correspond to the victim’s statement; (iv) the materials submitted by M and K by printing out and printing out the image of the damaged parts of M and K, the evidentiary materials of the violence field, and the statements by witnesses, etc. were deemed to correspond to the corresponding parts; and (iv) the victim’s part and degree of the injury as stated in the written diagnosis of each injury, the victim’s opinion on medical treatment and the degree of the victim’s opinion in the future, etc. are difficult to be acknowledged as being sufficiently cured.

Therefore, we cannot accept the Defendants’ assertion of mistake of facts and misapprehension of legal principles.

B. The degree of injury suffered by the victims on the wrongful argument of sentencing is relatively relatively.

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