(영문) 대구지방법원 2017.06.29 2016노5618 | 리걸엔진

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(영문) 대구지방법원 2017.06.29 2016노5618

폭력행위등처벌에관한법률위반(공동상해)

Text

The judgment below

The part against the defendant shall be reversed.

Defendant shall be punished by a fine of KRW 3,000,000.

The defendant above.

Reasons

1. Summary of grounds for appeal;

A. Although the Defendant, at the time of the instant case, committed violence against the victims in a group, suffered considerable damage to the victims, and resisted passively in the process, the lower court found the Defendant guilty of the facts charged in this case. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (two years of suspended sentence in six months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and investigated in the lower court’s determination as to the assertion of mistake of facts, the lower court’s determination that found the Defendant guilty is just and acceptable, and there is no error of law by mistake of facts as alleged by the Defendant.

Therefore, the defendant's assertion is without merit.

1) The victim A was at the court of the court below that the defendant left his arms and taken the face.

The victim made a statement in the court of the court below, and C also testified around the defendant, and the defendant appeared to be satising and photographing the victim's arm's body.

The victim H also made a statement in the court of the court below that the defendant's face was taken one time from the defendant's hand and the defendant's face was taken into consideration.

As stated in the facts charged of this case, the credibility of the statement is recognized when the defendant makes a statement with the assent on the part of the victims.

2) The court below held that D considered the face of the victim A and C in the court of original instance.

We also stated in the court of the court below that T was seeing that the defendant's purchase of the victim's ice and the face of the victim C and H in the court of the court below

The statement was made by the defendant, and F considered that the defendant goes beyond the victim A and booms with each other.

was stated.

And I also hold the court below.

유사 판례

-대전지방법원 2013.05.23 2013노175

-광주지방법원 2016.01.19 2014노2846

-서울동부지방법원 2012.11.23 2012노918

-광주지방법원 2013.11.13 2013노1612

-인천지방법원 2013.10.18 2013노2126