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(영문) 서울중앙지방법원 2016.05.26 2015노3718
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (1) is not guilty of the fact that Defendant A was the victim F.

(2) The sentence of the lower court’s improper sentencing (ten months of imprisonment and two years of suspended sentence) is too unreasonable.

B. Defendant B (misunderstanding of facts) did not have any fact when the victim E jointly with Defendant A.

2. Determination

A. The court below asserted the misunderstanding of the facts against Defendant A directly reported and observed the appearance and attitude of the victim F by questioning the victim F as a witness, consistency in the statement, clarity, and accuracy of the statement, and the above witness’s statement was credibility.

The judgment of the court below that found the credibility of the above statement was erroneous.

there are special circumstances to consider

It is difficult to see it.

Ultimately, in full view of the evidence duly admitted and examined by the court below, it can be sufficiently recognized that Defendant A suffered bodily injury by taking advantage of the victim F.

Defendant

A’s assertion in this part is without merit.

(2) In full view of the following: (a) the degree of violence that the above defendant used to the victims is not easy; (b) the defendant did not make efforts to recover damage; (c) did not reach an agreement with the victims; and (d) the defendant denied some of the facts of the crime; and (c) the defendant has been punished several times for the same crime; and (d) the above defendant has the record of being punished several times of the crime of this case; and (e) all of the sentencing conditions indicated in the records and arguments, such as the background of the crime of this case, the above defendant’s age, occupation, sex, and family relationship, it is difficult

Defendant

A's assertion on this part is without merit.

B. The lower court directly reported and observed the form and attitude of the victim E and F to make a statement by examining the victim E and F as a witness, the consistency and clarity of the statement, and the accuracy of the body of the aforementioned witness’s statement, and the above witness’s statement was credibility.

The decision was determined.

. part;

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