(영문) 대전지방법원 2016.11.17 2016노1450 | 리걸엔진

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(영문) 대전지방법원 2016.11.17 2016노1450

폭력행위등처벌에관한법률위반(공동상해)

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All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A and B (1) at the time of the misunderstanding of facts, Defendant A gave one time a part of the Victim M, and Defendant B gave one time a part of the Victim K due to Defendant B’s birth. However, there was no other Defendants’ assaulting the Victim M and K as stated in the instant facts charged. Therefore, the judgment of the court below convicting the Defendants of the instant facts charged is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The judgment of the court below against the Defendants on unreasonable sentencing (a fine of five million won each) is too unreasonable.

B. Defendant D1) In the event of the instant case, the Defendant merely speaks on the fighting match between Co-Defendant A, B and the victims at the time of the instant case, and there was no assault against the victims, and the judgment of the court below which found the Defendant guilty of the instant facts charged is erroneous in matters of law by mistake of facts, which affected the conclusion of the judgment. 2) The sentence of the court below against the Defendant of unfair sentencing (a fine of three

2. Judgment on the assertion of mistake of facts

A. The Defendants asserted that there was a mistake of facts as to Defendant A and B also asserted the same purport as this part of the grounds for appeal, and the lower court found Defendant B guilty of this part of the facts charged on the ground of the evidence as stated in the lower judgment. In other words, the following circumstances acknowledged by the evidence duly adopted and examined by the lower court and the lower court, namely, ① the victim M was on the bus at the time of the instant case, and Defendant B, according to the bus engineer, told Defendant B, “this problem is how the bus “at the time of the instant accident,” stating that the bus “at the time of the instant accident,” the victim B, who was on the bus, did not look at one’s flick and buckbbbbbbbs.

After that, Defendant A appeared with Defendant B, and she her her flat with his flat, and 119.

유사 판례

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-대구지방법원 2019.05.14 2018노4249

-대전지방법원 2015.12.03 2015노1974

-서울고등법원 2012.11.08 2012노1951

-부산지방법원 2013.09.26 2013노2088