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(영문) 서울남부지방법원 2019.09.19 2019노1097
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (Defendant A) Defendant D, Co-defendant C, and B made the judgment of the court below that they assault the victim, and they did not inflict any injury on the victim jointly with them.

B. The sentence imposed by the court below (one hundred months of imprisonment) is too unlimited and unfair.

2. Determination

A. The lower court found Defendant A guilty of the instant crime according to the evidence duly adopted and investigated.

In light of the following circumstances acknowledged by the record, i.e., (i) the victim G was present at the court of the court of the court below, and (ii) the victim G was one of the persons who committed the crime of this case, (iii) the defendant A was able to exercise physical evidence directly, (iv) the defendant A made a statement that he was verbally or did not have any other person, (iv) the defendant A made a statement that caused the occurrence of the crime of this case, (v) the credibility of the statement can be recognized because the statement was consistent with the other person; (ii) the witness K appeared at the court of the court of the court of the court below and made a statement concerning the situation at the time; and (v) it conforms to the victim G's above statement and the specific statement itself, and there is no illegality

Defendant

A's assertion of mistake of facts cannot be accepted.

B. There are no new circumstances or changes in circumstances that may be reflected in sentencing after the judgment of the court below on the assertion of unfair sentencing is rendered.

The instant crime was committed in the part of the Defendants, which led to the victim’s vision, and the Defendants’ liability is not minor, and the degree of the victim’s injury is large, and the damage was not recovered, together with the Defendants’ age, character and behavior, environment, relationship with the victim, motive and consequence of the crime, and circumstances after the crime were committed.

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