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(영문) 수원지방법원 2016.04.28 2015노4269
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

All the costs of the trial by the court below and the party shall be borne by the defendants.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding the fact that Defendant A did not use any violence against the victim D, and even if so, Defendant A used the victim’s assault.

Even if there is no relation between the violence of the above defendant and the injury of the victim.

Nevertheless, the court below convicted Defendant A of the facts charged, and the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2) The punishment sentenced by the lower court (2 million won in penalty) is too unreasonable.

B. The punishment sentenced by the lower court (one million won in penalty) is too unreasonable.

2. Determination

A. The judgment of the court below as to the defendant A's assertion of mistake of facts is based on the evidence duly adopted and investigated by the investigation agency and the court below. (1) The victim stated in the investigative agency and the court below that "the defendant A was sleeped, slicked, slicked, towed, and led the victim's bridge," and the victim's statement can be recognized credibility of the victim's statement if the victim's statement is consistent and specific. (2) The head of the U.S. division G in investigation agency and the court of the court of the court below stated that "A was slicked by the victim's bridge when he returned to the scene of this case." The victim's statement was supported by the victim's statement, ③ the victim's right slick on the day on which the crime of this case was committed, ④ the victim's examination of the victim's photograph was conducted on the following day of the victim's photograph.

On the other hand, the statement is against the fluoral injection as above.

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