beta
Text
The judgment below
Of them, the part on Defendant B shall be reversed.
Defendant
B shall be punished by a fine of KRW 700,000.
3.2
Reasons
1. Summary of grounds for appeal;
A. Error of facts (Defendant B) only speaks that Defendant A was the victim, and there was no assault against the victim.
B. The sentence of a fine of KRW 1.2 million imposed by the court below on the Defendants is too unreasonable.
2. The following circumstances are acknowledged in full view of the evidence duly adopted and examined by the court below regarding the credibility of the victim F’s statement, which is evidence corresponding to the facts charged in this case’s assertion of mistake of facts regarding Defendant B.
1) The victim F made consistent statements from the investigative agency to the court below to the effect that the Defendant B participated in the Defendant A’s assault. The Defendants and the Defendants were consistently and specifically stated on the background leading up to the occurrence of the dispute and the developments leading up to the arrival of the Defendants at the scene. 2) The witness G of the court below asserted that Defendant A was at the time of the victim, and Defendant B was not at the time of the victim’s occurrence. However, according to the victim’s testimony, G appears to have arrived at the scene after the Defendants committed the assault and assault. However, even when the investigation report was made by the Busan Coast Guard Police Station, which was called at the scene of the case, on the investigation report by the Busan Coast Police Station, the Busan Coast Guard, which was called at the scene of the case, on the ground that G was stated as “at the scene of contact with the Gu, Defendant A and the victim were living at the scene.”
3. The victim stated in the court below that he participated in the assault by Defendant B in the court after the agreement with the Defendants was reached by the court below. There is no reason to make a false statement that Defendant B used the assault by the victim at the risk of perjury in the state of prior agreement with the Defendants.
In light of these circumstances, the victim F’s statement can be recognized as credibility, and in light of the victim F’s above victim F’s statement, the case against Defendant B.