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(영문) 서울북부지방법원 2018.04.27 2017노1718
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

가. 사실 오인 피고인 A은 이 사건 당시 넘어져 있는 피해자 H의 옆구리를 발로 1회 찼다.

Nevertheless, the judgment of the court below which acquitted this part is erroneous in the misapprehension of facts which affected the conclusion of the judgment.

B. The sentence of the lower court’s unfair sentencing (Defendant A: 2 years of suspended sentence in August of the year of imprisonment; Defendant B: fine of KRW 3 million) is too uneased and unreasonable.

2. According to the records, the lower court determined as to the assertion of mistake of facts: (a) although Defendant A consistently recognizes the fact of assault against Victim G from the police to this court, Defendant A denies that there was no assault against the Victim H; (b) how the Defendant H was from anyone at the time when he was first investigated by the police.

the question “(F) I am in excess of the floor and flick the head. I am in place. I am. I am. I am. I am.

In addition, (B) when the Do system goes beyond the floor, it is necessary to keep the body on drinking.

“The investigation record is 39 pages), but the prosecution stated to the effect that Defendant A followed the right side of the side by Defendant A once and taken the right side of the side (the 168 pages of the investigation record) after going beyond F (the 39th page of the investigation record), and in this court, Defendant A divided Defendant A’s shoulder after going beyond F, and Defendant A did not take the left side of the ship.

In making a statement, it seems that only the main agent confirms the contents of the prosecutor's statement, and that it is able to see the side of the prosecutor's statement.

The statement was made and the question was eventually brought against the side and side in the process of taking over the shoulder.

(3) The victim H does not have any content of assaulted by Defendant A (the page of investigation record), ④ the Defendants and the victim G were flickter near each other in the direction of the police statements and the telephone hearing of the visitors who observed the instant case.

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