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(영문) 의정부지방법원 2012.11.22 2012노1867
상해등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the Defendant did not have any physical contact with the victims, and instead, did not unilaterally assault the victims, the lower court erred by misapprehending the legal principles regarding the facts charged in the instant case.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (700,000 won of a fine) is too unreasonable.

2. Determination

A. The following circumstances acknowledged by each evidence duly adopted and investigated by the court below, namely, ① the victims set up a vision with the victim on the day of the instant case from the investigative agency to the court of the court below, and consistently stated that the defendant committed assault against the victims during the fighting between the victim on the day of the instant case, ② the witness F in an objective third party position was present at the court of the court below and was not subject to unilaterally assault against the victims at the time of the witness, and the defendant clearly stated that he was at the time of the victim's head (68,70,71 pages), ③ the victim was aware that he was at the time of the victim's head and was aware of the victim's body (3) the victim's body was recorded in the victim's body (35 pages of evidence record) and the victim's diagnosis statement on the victim D's body, ④ the victim's victim's victim's victim's use of the victim's mobile phone cannot be easily acknowledged, and thus, the defendant's mobile phone and the victim's mobile phone cannot be seen.

(b).

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