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(영문) 광주지방법원 2014.08.28 2014노1284
폭력행위등처벌에관한법률위반(공동상해)등
Text

[Defendant A] The lower judgment is reversed.

Defendant

A shall be punished by imprisonment for eight months.

[Defendant B] The lower judgment.

Reasons

1. Summary of grounds for appeal;

A. As to the point of joint injury to the victim C, Defendant C merely engaged in the above victim’s title as a hand hand and did not take any other part.

B. The Defendants’ sentence (one year and two months of imprisonment, two years and six months of imprisonment, Defendant C’s imprisonment, one year and six months of imprisonment, Defendant D and E respectively) is too unreasonable.

2. The following circumstances acknowledged by the court below's lawfully adopted and investigated evidence regarding the defendant C's assertion of mistake of facts, i.e., the victim V consistently stated that the defendant C was exposed to his face, ii) the victim was not consistently identified, but the perpetrator did not set the above victim back in front and rear, and at least two perpetrator were set forth (2), the above victim's statement is consistent (2013No. 6006 evidence records 7124 page), iii) the victim's statement was committed by the defendant A, B, and C, who could assault the above victim at the time, but the victim V was tried to change the victim's statement first and later, and the victim Eul did not participate in a fighting, and therefore, it appears that the victim and the defendant CV did not appear to be the victim's evidence again, and that the victim and CV appear to be the victim's non-indicted A and C6.

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