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(영문) 인천지방법원 2016.05.11 2016노561
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, such as the statement of the victim G, etc., the court below did not recognize the Defendants’ joint injury even though it could be recognized that Defendant B jointly inflicted an injury on the victim G with Defendant A, but did not recognize the Defendants’ joint injury.

B. The sentence sentenced by the lower court to the Defendants (Defendant A: one-year suspended sentence of imprisonment; two years of community service order; 80 hours of community service order; and Defendant B: fine of five million won) is too uneased and unreasonable.

2. Determination

A. 1) The lower court’s determination on the assertion of mistake of fact 1) The lower court stated that ① the victim G made a statement from the investigative agency to the court of the lower court to the effect that he/she jointly assaulted himself/herself, but G used a total of 3 persons, including the Defendants and water, etc. at the initial stage of the investigation.

However, in light of the fact that the aforementioned water did not go to the place where the instant crime was committed, and that G stated that “it is difficult to believe how the accuracy of how she did not have any mind and how she abused her,” at the time of the instant crime, G’s investigative agency and the court of original instance, it is difficult to believe the above statements in G’s investigative agency and the court of original instance, and ② Defendant B sent the case to G’s apology and request.

Although there is a record of the recording of the conversation called “,” the Defendant B inflicted an injury on G in collaboration with the Defendant A solely on the said conversation.

In addition, in light of the fact that the G used to conclude that it is difficult to recognize this part of the facts charged, since it is insufficient to recognize this part of the charges on the part of Defendant B’s joint bodily injury, and that Defendant A’s joint bodily injury was reduced, it is found guilty only on the part of the reduced fact.

(ii)..

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