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(영문) 의정부지방법원 2015.03.18 2014노2290
폭력행위등처벌에관한법률위반(공동상해)
Text

The judgment of the court below is reversed.

Defendants shall be punished by imprisonment for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found Defendant A guilty of the facts charged against the above Defendant on the ground that Defendant A only made a fighting between Defendant B and the victim and the victim did not assault the victim, is erroneous in the misunderstanding of facts.

B. Defendant B (Defendant B) 1 of the erroneous determination of facts did not err by misapprehending the legal principles regarding the facts charged against the above Defendant, inasmuch as there was no assaulting the victim to the extent that he would inflict six-way injury on the fratism while putting a head with the victim and frat, Defendant B of the erroneous determination of facts was improper.

2. Determination

A. 1) The Defendants asserted the same purport in the original judgment, but the lower court found all the charges against the Defendants guilty by integrating the evidence duly adopted and investigated, and rejected the Defendants’ assertion on the grounds of detailed reasoning in the part on “reasons for the crime of oil”. In light of the lower court’s findings of fact and judgment comparing the aforementioned facts of fact-finding and judgment, a thorough examination is conducted, and the lower court’s judgment that found the Defendants guilty of the facts charged against the Defendants is just and acceptable, and the lower court’s determination that found the Defendants guilty of the facts charged is not unlawful, which affected the conclusion of the judgment by misunderstanding the facts, and thus, the Defendants’ assertion on this part is without merit (However, according to the evidence, such as the statement by the witness H, it is recognized that Defendant A was not on the body of the victim, but on the side of the victim, and thus, it is recognized differently to the extent that it does not harm the identity of the facts charged as mentioned thereafter.

(2) The credibility of the statement made by the first instance court in light of the spirit of the substantial direct and psychological principle adopted by the Korean Criminal Procedure Act.

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