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(영문) 의정부지방법원 2016.07.05 2016노369
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants, as stated in the facts of the crime in the judgment below, did not have any injury to the victims or detained the victims'J.

B. The sentence of the lower court’s improper sentencing (a fine of two million won each) is too unreasonable.

2. Determination

A. 1) Determination as to the assertion of mistake of facts is based on the evidence duly adopted and investigated by the court below as to whether the Defendants injured the victim G, i.e., the witness G of the court below stated that “Defendant B was satisfing, Defendant C was satisfing one’s own left arms, and Defendant A was pushed away satisfing one’s getting out of the stairs (see, e.g., 149 pages of the trial record), ② the witness K of the court below at the time was satisfing from both arms of Defendant B and C, and Defendant A was prevented from getting out of G, and Defendant B was supported by G’s statement (see, e.g., Ministry of Justice No. 154 and 155 of the trial record), and the witness B of the court below at the site (see, e., Disposition No. 154 and 155 of the trial record),” and the witness B of the court below also stated that the Defendants did not have been subject to the victim’s right to treatment (see, 3).

2) The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to whether the Defendants inflicted injury on the victim I, namely, ① the witness I of the court below stated that “Defendant B was quih to face by hand, Defendant A was shouldered with a drinking and a bridge, and Defendant C was knded with a arms (see the trial record No. 209 pages).”

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