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(영문) 인천지방법원 2016.01.05 2015노4119
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not assault the victims.

B. The punishment sentenced by the court below against the defendant is too unreasonable.

2. Determination

A. Determination as to the assertion of mistake of facts (1) and the following circumstances acknowledged by the lower court, comprehensively taking account of the evidence duly adopted and examined by the lower court, i.e., the situation on the day of this case’s criminal facts from the investigative agency to the court of the lower court, the process and method of assaulting the victim G, and the statement did not appear to be any particular contradiction or sub-natural contamination, and thus, credibility is recognized; ② the victim G was found to have been found in the Defendant’s singing voice when the Defendant was assaulted by the Defendant.

On the day of the Defendant India case, the victim G was found to have a short-term accident in his singing room (see, e.g., the suspect interrogation protocol, investigation record 209). The Defendant’s children were located in the Z where the instant singing room was located between 00:32 and 01:10 on the same day (see, e.g., telephone details, investigation records, 227 pages during the prosecutor’s interrogation protocol). Ultimately, rather than the Defendant’s assertion that the victim G again 21:40 on the day preceding the day of the instant case and 22:00 on the day of the instant case, rather than the Defendant’s assertion that he was assaulted by the Defendant at around 01:0 on the day of the instant case, the Defendant’s statement was more acceptable, and the Defendant’s nurse provided the victim G with a short-term accident and returned to the hospital at around 01:30 on the day of the instant case, and the police officer provided the victim’s visit at around 16:120 on the day of the instant case.

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