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(영문) 대전지방법원 2021.01.21 2020노3822
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, Defendant B did not take part in the act of assaulting Defendant A who assaults the victim and did not participate in the act of assault.

In other words, Defendant A alone assaulted the victim, and Defendants did not jointly assault the victim.

B. The lower court’s respective sentence against the illegal Defendants (Defendant A: 1 year of imprisonment and Defendant B’s imprisonment with prison labor for 10 months) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. In determining the credibility of the statements made by the victim, etc. supporting the facts charged, the court below held that the credibility of the statements made by the victim, etc. conforms to the rationality, logic, and logic of the contents themselves or rule of experience, or conforms to the physical evidence or third party's statement before a judge, and that the witness's examination protocol, such as the appearance and attitude of the witness being sworn in the open court after being sworn in the presence of a judge, and the penance of the statement, are considered to have been obtained by directly observing various circumstances that are difficult to record in the witness examination protocol, and that the witness's statement made by the victim, including the victim, conforms to the facts charged, unless there is any other reliable evidence that can objectively be objectively deemed to have been objectively deemed to have no credibility (see, e.g., Supreme Court Decision 2012Do2631, Jun. 28, 2012).

The statement made by the witness of the first instance court, in full view of the results of the examination of evidence by the first instance court and the results of the additional examination of evidence by the time of the closing of argument by the appellate court.

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