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(영문) 서울남부지방법원 2013.05.03 2013노294
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B1) misunderstanding of facts and misunderstanding of legal principles did not jointly inflict an injury on the victims as stated in the facts constituting an offense in the judgment of the court below, and even if the victim G was erroneous in Defendant A’s sale, it is only by negligence, and it cannot be deemed that Defendant A intentionally assaulted the victim G and inflicted an injury. 2) The sentence of the court below against the Defendants on unfair sentencing (Defendant A: a fine of two million won, a fine of one million won, and a fine of one million won) is too unreasonable.

B. Defendant C’s punishment (2 million won of fine) by the lower court is too unreasonable.

2. Determination

A. In full view of the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding Defendant A and B’s assertion of misunderstanding of facts and misapprehension of legal principles, it can be recognized that the Defendants jointly and severally committed an injury to the victims for about three weeks of medical treatment as stated in the facts constituting the crime in the judgment below. Thus, this part of the Defendants’ assertion is without merit.

1) As stated in the facts constituting an offense in the judgment below, the Defendants were making a dispute with the victim C, and as indicated in the judgment below, Defendant B was able to take the shoulder and chest of the victim C with his hand floor at several times, Defendant A was able to take the head, face, and neck of the victim C with drinking, Defendant A continued to take the victim’s mother of the victim C with his arms at one time, and Defendant B was able to take the shoulder of the victim G with his arms at one time, and Defendant B was able to take the left part of the victim G with his drinking, and Defendant B was able to take the part of the victim’s drinking at one time, and Defendant B was able to take the part of the victim’s drinking at the court below’s witness at the time of witness’s witness at the court below’s witness, and Defendant A’s mother was able to take the part of the victim’s G with the victim’s mother, and Defendant B, the mother of the victim, and Defendant C was fighting between the victim and the victim.

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