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(영문) 서울서부지방법원 2015.07.23 2015노178
상해
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A 1) In the event that the victim B, his family members, and the victim G and H, who suffered injury jointly to the Defendant at the time and place as indicated in the judgment of the court below, the Defendant’s act was limited to the Defendant’s act of drinking b, and even though the Defendant did not have inflicted an injury by assaulting the victims as stated in the judgment of the court below, the court below found the Defendant guilty of this part of the facts charged was erroneous in the misapprehension of facts. 2) The punishment of the court below sentenced to the Defendant A by unreasonable sentencing (two million won of fine) is too unreasonable.

B. Defendant B (Deficial Error) was committed by the victim A with his hand in order to prevent the occurrence of the assault by leading the victim to G, who is the Defendant’s wife, and did not commit any assault by spating the victim’s fat, as indicated in the judgment of the court below, the court below found the Defendant guilty of this part of the facts charged, and erred by misapprehending the facts.

2. Determination on Defendant A’s grounds for appeal

A. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court regarding the assertion of mistake of facts, Defendant A may fully recognize the fact that Defendant A inflicted an injury on the victim B, G, and H as described in the judgment below, and thus, Defendant A’s assertion of mistake of facts is without merit.

1) The victim B, G, and H have made a very specific and consistent statement from the investigative agency to the court of the court below regarding the situation at the time of the instant case, the contents and developments leading up to the Defendant’s act and the circumstances in which the injury was inflicted, etc., and the explanation of the situation also is reasonable. 2) The file reproduction page No. 1 of the CD screen image was made by the Defendant A to the victim B, and the victim B was sprinked, and the victim B was sprinked and sprinked, and the victim B was sphered and pushed back, and the victim G was sphered.

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