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(영문) 수원지방법원 2014.06.26 2013노5056
폭행등
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) According to the evidence submitted by the prosecutor that there was a violation of the Punishment of Violences, etc. against Defendant A (a violation of the Act on the Punishment of Violences, etc. (a collective injury with a deadly weapon, etc.) and the frequency of harm by Defendant A, the court below acknowledged the fact that the Defendant inflicted a bodily injury by making 40 parts of the victim I and J each by making 15 parts of the 15 parts of the 15 parts of the 15 parts and found the Defendant guilty of the part of the 15 parts of the 15 parts of the

(2) According to the statements made by W, U’s investigative agency and the statements made by the court below and the investigation agency of Y, the court below found the defendant guilty of the above part on the basis of the statements made by W and U’s original court court for lack of credibility, although the court below found that the defendant threatened U, W, and Y with intimidation to prevent them from playing with their friendship, and found the defendant not guilty of the above part on the basis of the statements made by W and U’s original court for lack of credibility. The court below erred

(3) Although it was difficult to see that there was violence against Defendant A, assault and intimidation against Defendant B, and the victims of intimidation against Defendant C in a clear and reliable manner as to whether or not they want to be punished, the court below sentenced the victims of the above facts charged to the dismissal of prosecution by deeming that the victims of the above facts charged have withdrawn their wish to punish the Defendants, the court below erred in the misapprehension of legal principles and incomplete deliberation.

B. The lower court’s sentence against the Defendants on unreasonable sentencing (Defendant A: imprisonment for one year and six months, suspension of execution for three years, confiscation, and confiscation for Defendant B: fine of one million won and fine of one million won for Defendant C) is too uneased and unreasonable.

2. Determination

A. (1) The prosecutor shall present the evidence of criminal facts in criminal proceedings, and the proof of criminal facts is reasonable.

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