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(영문) 서울동부지방법원 2017.12.08 2017노1195
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Judgment on Defendant A’s appeal

A. The summary of the grounds for appeal (misunderstanding of facts) Defendant A did not have inflicted an injury upon the victim B by assaulting the victim B as shown in the facts charged, but the court below found the Defendant guilty of this part of the facts charged, which affected the conclusion of the judgment.

B. In light of the evidence duly adopted and examined by the court below, in particular, the statements of the victim B and witness F, and the written diagnosis of injury, etc., a thorough examination of the judgment of the court below can be sufficiently recognized that the defendant A inflicted an injury by assaulting the victim B as shown in this part of the facts charged. Thus, the judgment of the court below is just, and the defendant A'

2. According to the records on Defendant B’s appeal, Defendant B filed an appeal against the lower judgment on August 22, 2017, and Defendant B received a notice of receipt of the record of trial from this court on September 12, 2017, but failed to submit the statement of reasons for appeal within 20 days, which is the submission period for the statement of reasons for appeal. The petition of appeal does not contain a specific statement of reasons for appeal, and no other reason for ex officio examination exists.

3. In conclusion, Defendant A’s appeal is without merit and is dismissed pursuant to Article 364(4) of the Criminal Procedure Act, and Defendant B’s appeal shall be dismissed by decision pursuant to Article 361-4(1) of the Criminal Procedure Act. However, as long as Defendant A’s appeal is decided as above, Defendant B’s appeal shall not separately dismiss Defendant B’s appeal and shall be dismissed by decision en bloc. It is so decided as per Disposition.

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