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(영문) 수원지방법원 2018.05.04 2017노6937
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the lower judgment, did not have any injury or assault the victims as to the facts charged against the Defendant.

B. The sentence sentenced by the lower court to the Defendant (an amount of KRW 1.5 million) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the lower court and the evidence duly adopted and investigated by the trial court, namely, ① the statement of the crime of this case itself was the purport of the Defendant’s physical fighting, such as: (a) the fact that the Defendant had carried out physical fighting with the victims by cutting the victims; (b) the Defendant’s act was recognized in the lower court; (c) the Defendant’s act of carrying the victim’s breath and driving the head toward the victim’s face; and (c) the Defendant’s joint act as long as the F took part in the Defendant’s crime of this case, the Defendant’s act may be deemed as being the victim’s injury; and (c) the CCTV of the apartment elevator was the victim’s fighting with the victim and the middle, and was sealed onto the elevator door with the victim, etc., in full view of the fact that the Defendant took part in the victim’s fighting, and was sealed into the elevator door, at the lower court’s temporary location.

The decision is proper, and there is no error by mistake of facts as alleged by the defendant.

Therefore, the defendant's above assertion is without merit.

B. As to the unfair argument of sentencing, the fact that the defendant was injured by the victim A, and the degree of injury or assault suffered by the victims is relatively minor is favorable to the defendant.

However, the Defendant denied the instant crime, and had the same criminal record prior to the instant crime.

Although the defendant asserts that the judgment of the court below which sentenced a more amount of fine than the victim A is unfair, the name of the crime against the victim A is merely a simple injury.

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