logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원 2013.12.11 2013노1702
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendant

B shall be punished by a fine of KRW 2,000,000.

Defendant

B does not pay the above fine.

Reasons

1. Summary of grounds for appeal;

A. Defendant A was guilty on the part of the fighting between the victim and the defendant B, inasmuch as Defendant A merely fighting with the victim and the defendant B, at the date and time as indicated in the facts charged, he did not fight once the victim's bed or cut down on the part of the victim's arms at a place as stated in the facts charged, the court below found the facts charged and found the defendant guilty on the part of the defendant, which affected the judgment.

B. Defendant B’s punishment (two million won of fine) sentenced by the lower court to Defendant B is too unreasonable.

2. Determination on the assertion of mistake of facts by Defendant A (referred to as “Defendant” only in this paragraph)

A. On July 13, 2012, at around 00:30 on July 13, 2012, the Defendant, along with B, found the Francing point in the operation of the victim E (the age of 54) located in W, followed by the victim on the ground that there was a large amount of the credit rating prior to the occurrence of a dispute. The Defendant, in his/her hand, went beyond the floor by cutting the victim’s upper part at one time, cutting the victim’s arms, cutting the victim’s head, leading the victim’s head, leading the victim’s head, leading the victim’s knife, b knife, b knife the victim’s knife with bed with bed.

As a result, the Defendant, together with B, sustained bodily injury, such as a scarfy whole wall, which requires approximately two weeks of treatment.

B. The lower court found the Defendant guilty on the charge of joint injury by comprehensively taking account of the victim E and witness G’s respective legal statements, etc.

C. G, the sole direct evidence consistent with the facts charged in this part of the judgment of the political party 1, which corresponds to the fact that the defendant was the customer at the time of the victim E, is that the defendant left the victim in the process of speaking the victim and B's fighting outside three times in the court below, and the statement cannot be viewed as evidence that corresponds to the facts charged in this part.

arrow