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(영문) 의정부지방법원 2014.09.25 2014노1338
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The Defendants did not commit any assault against the victim, and the mistake of facts did not interfere with the business even if it was inconsistent with the intention to mislead the victim.

Dob. The sentence of the lower court on the sentence of unreasonable sentencing (the fine of three million won) is too unreasonable.

B. The Prosecutor’s sentence of the lower court is too unfortunate and unreasonable.

2. Determination:

A. According to the records, the victim and H’s statements are relatively consistent and specific from the investigative agency to the court of the court below, and thus, are deemed to be reliable. In full view of the records recorded in the record in the victim and H’s statements, the fact that the defendants assaulted the victim can be acknowledged.

Shebly argued that the Defendants committed an act of interference with the business, but in light of the fact that the place of the instant crime was the student’s official book, the Defendants committed an act of interference with the victim’s official book keeping operations by itself. In particular, in full view of the records recorded in the statements made by the victim and H, the Defendants’ interference with the victim’s business.

(2) The defendant B alleged that the defendant B did not take a bath at the court of the first instance, but the defendant B acknowledged the facts of the facts charged as stated in paragraph (2) of the facts charged in the court of the first instance, and argued that such an act does not interfere with the business, etc., the defendant B may recognize the facts that the defendant B took a bath.

The Defendants appear to have denied the instant criminal act, and the victim’s act was subject to a considerable compromise in the victim’s official book management due to the Defendants’ act, and wanting to punish the Defendants. However, the records of the instant case, such as the Defendants’ age, character and conduct, environment, motive, means and consequence of the criminal act, and the circumstances after the criminal act.

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