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(영문) 전주지방법원 2013.09.27 2013노754
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In spite of the fact that the defendant tried to fighting between the victim and C and did not inflict an injury on the victim by putting the victim's head, the court below accepted the facts charged in this case and found the defendant guilty. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unfair sentencing (the fine of KRW 2,000,000) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, i.e., the victim, from the investigative agency to the court of the court below, consistently made a statement that the victim was in line with C by putting his head, i.e., e., e., the victim’s head, i., e., e., e., fating C’s head, i., e., e., e., e., e., e., g., e., g., e., g., e., g., g., g., 17, 84-87, 95-96, 102, 43-4). The victim’s wife who had observed the site of this case, stated that he had the victim’s head, g., e., the victim’s head, etc. at K Hospital.

B. Although the defendant did not have any record of having been punished as a same crime, the court below agreed in the original trial only with the victim, the degree of injury suffered by the victim is not less exceptionally, and the crime of this case is committed jointly with C by the defendant, and the nature and circumstances of the crime are very significant.

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