(영문) 인천지방법원 2013.10.04 2013노1334 | 리걸엔진

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(영문) 인천지방법원 2013.10.04 2013노1334

폭력행위등처벌에관한법률위반(공동상해)

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The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 1,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of the grounds for appeal is erroneous in the misapprehension of the judgment of the court below which found the defendant guilty of the facts charged in this case, even though the defendant did not inflict injury upon the victims jointly with B.

2. Determination

A. Determination of mistake of facts 1) The summary of the facts charged in the instant case was found as follows: (a) on October 28, 2012, around 01:20, the Defendant was on the street in front of the “D” located in Yacheon-gu, Yacheon-si C; (b) on the ground that the victim E (22 years of age), the victim F (25 years of age), the victim G (26 years of age), etc. were sent to one another; (c) the Defendant continued to walk the victim E’s face part at one time with his hand; (d) the victim E faces the victim E face part at one time with his drinking; and (e) the victim G was pushed the victim G with the victim’s horse at one time; and (e) the said B was harming the victim F with the quality of the victim; and (e) the Defendant was found guilty of injury to the victim’s 2 week therapy and 2 weeks evidence for treatment, etc. during which treatment is required by the said victim’s joint with the above victim B.

3. On the other hand, the defendant filed an appeal on the ground of mistake of facts by denying the crime of this case when he/she was led to the confession of all the crimes of this case in the court of original instance at the court of original instance. In light of the importance of the statement in the court of original instance as to the recognition of the facts charged, it is not reliable unless there are any special circumstances to reverse his/her confession voluntarily made by the defendant in the court of original instance, and the following circumstances recognized by the evidence duly adopted and investigated by the court of original instance and the court of original instance, namely, according to the result of verification of CDs by the court of original instance

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