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(영문) 서울중앙지방법원 2015.06.25 2015노671
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The mother of the Defendant and the Defendant in mistake of facts did not assault or injure D or F as stated in the facts charged.

Rather, the mother of the defendant and the defendant are victims of serious injuries caused by violence of D and F.

Nevertheless, the judgment of the court below which convicted the defendant on the grounds of D, F, D's pro-friendly G fore and H's statement, etc., which is the victims who are not believed, is erroneous in the misconception of facts.

B. Taking into account the various circumstances of unreasonable sentencing, the sentence of the lower court (one million won by fine) is too unreasonable.

2. Determination

A. The defendant alleged that the court below did not exercise the same tangible force as the stated in the facts charged. The court below found the defendant guilty of the facts charged in this case by taking into account the following facts: (i) the victim's statement and witness G and H's statement correspond to the victim's statement; (ii) the victim F was exempted from the awareness during the victim's assault; (iii) the victim's statement corresponds to this; (iv) the victim D was under emergency treatment on the day of this case; (iv) the victim was proved to have been proved to have satise satise satise satise and satise satise satise satise satis; (v) the victim's satise f and the victim's satise satise satise satise satise satise satise satise satise satise satum.

B. Determination of unfair sentencing is that the mother of the defendant suffers greater damage due to physical conflict between the defendant and the defendant and the victims.

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