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(영문) 광주지방법원 2018.04.12 2017노2522
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the victim's statement, etc., the court below found the Defendants not guilty of this part of the facts charged, even if the Defendants jointly committed an injury to the victim as stated in the facts charged. The court below erred by misunderstanding the facts.

B. The lower court’s sentence (6 months of imprisonment, 2 years of suspended execution, 120 hours of community service) against Defendant A is unreasonable as it is too uneasible.

2. Judgment on the assertion of mistake of facts

A. On July 17, 2015, at around 21:05, the Defendants suffered from the issue of the victim F (46 years of age) and charges, who is a substitute driver, in the Southern-gu Seoul metropolitan area, around July 17, 2015, and Defendant A took the face of the victim twice at the floor of hand and taken the victim twice at one time, and Defendant B took the face of the victim twice by drinking, thereby jointly inflicting injury on the part of the victim.

B. The lower court’s judgment 1) Direct evidence that corresponds to Defendant B’s assaulted with Defendant A is practically a victim’s statement.

However, the victim's statement about the process of defendant B's participation is difficult to trust as it is in the following point.

① The victim submitted a written statement on July 17, 2015, July 17, 2015, which is the date of the instant case, to the police, and was investigated on August 8, 2015 and on August 18, 2015 on two occasions, and all the Defendants were abused.

As to Defendant B, Defendant B made a written statement on his hand or drinking, but the Prosecutor’s Office’s investigation on his her sonies over the past one year and over the past one year on November 8, 2016, saying, Defendant B and her sprinks were sprinked from Defendant B immediately after Defendant A’s first bucking with her bucks.

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