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(영문) 광주지방법원 2013.06.05 2013노258
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no fact that Defendant B assaulted the victim who was in the taxi operation or assaulted the victim who was found in the taxi by the Defendants jointly, the lower court erred by misapprehending the credibility of the victim’s statement, thereby finding the Defendants guilty of all the charges of this case against the Defendants.

B. The court below’s sentence imposing a fine of KRW 2,00,000 on Defendant B is too unreasonable, even if the above facts charged are found guilty, in light of the overall circumstances.

2. Determination:

A. In full view of the following circumstances acknowledged by the lower court, including the witness D’s testimony at the lower court’s court’s trial, based on the evidence duly admitted and investigated by the lower court, including the witness’s testimony at the court below, the victim was assaulted by Defendant B, who was on the back of the front line while driving the taxi from the investigation agency to the court of the trial at the court of the trial at the court of the trial, and the victim was assaulted by the Defendants even after getting out of the taxi. ② The victim was diagnosed by G Hospital on March 29, 2012, which was the next day of the instant case and received treatment on March 29, 2012, the victim was diagnosed by the scopical scopical scopher and tension, etc. requiring treatment between two trends. As stated in the lower court’s judgment, it can be sufficiently recognized that the victim was the driver of the vehicle operated by Defendant B, as in the crime

Therefore, the judgment of the court below which found the Defendants guilty of the facts charged of this case is just, and there is no error as alleged in the grounds of appeal for mistake of facts.

B. Defendant B’s motive, background, and crime resulting in the instant crime, including the absence of agreement with the victim on the allegation of unfair sentencing.

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