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(영문) 수원지방법원 2017.11.22 2017노3815
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misapprehension of legal principles (1) Defendant A and B are aware of the fact that Defendant A and Defendant B had clothes of Defendant C, and that Defendant B had flobbbage of Defendant C, but Defendant A and B did not inflict an injury on Defendant C, such as the facts charged in this case.

Nevertheless, the court below found Defendant A and B guilty. The court below found Defendant A and B guilty.

(2) Defendant C did not have inflicted any injury on Defendant B and A, and even if so, there was any resistance by Defendant C at the time of the instant case.

Even if this is merely a passive defense against Defendant B and C’s non-discriminatory violence, there is no illegality in Defendant C’s act.

Nevertheless, the lower court found Defendant C guilty or erred by misapprehending the legal doctrine.

B. The lower court’s respective sentences (2 million won) against Defendant A, A, and B are too unreasonable.

2. Determination

A. The following circumstances revealed by the evidence duly admitted and investigated by the lower court as to the assertion of misunderstanding of facts and the legal doctrine, namely, that Defendant C was at the time of Defendant A and B’s destruction beyond himself and Defendant B’s drinking.

testimony (130 pages, etc.) and (2) At the time of the testimony

L was pushedping Defendant A and B to the sofa, and thereafter, Defendant B was on the part of Defendant C’s neck and chest.

testimony (320, 321 of the trial records), 3. At the time of the testimony

I also found Defendant A to live in Defendant C’s head.

The testimony was made (the trial record 168, 170 pages), 4 Defendant C was issued with a diagnosis of injury at the Z hospital on the day of the instant case, and the diagnosis was written. The diagnosis was written as follows: “Weld’s disease: Gyeong, tension, tension, injury: the cause of the injury: The cause of the injury was flabed by flabing in flab, and then was flab by drinking.

b.. ;

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