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(영문) 부산지방법원 2016.03.18 2015노4519
폭력행위등처벌에관한법률위반(공동상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, Defendant A, as indicated in the judgment of the court below, only laid off the shopping bags containing a pest as stated in the first paragraph (1) (hereinafter “the part denying 1”) of the crime of the 2015 senior group 1220 case as indicated in the judgment of the court below, and did not inflict any injury on the victim F face, and the Defendants did not jointly inflict any injury on the victim G, as in the second paragraph (2) of the crime of the above case (hereinafter “the second denial part”), even though they did not inflict any injury on the victim G, the court below found Defendant A guilty of all of the parts denying 1 and 2. It erred by misapprehending the facts that affected the judgment.

B. The sentence that the court below sentenced to the defendants (Defendant A: 8 months of imprisonment, Defendant B: 2 years of suspended execution and community service work 120 hours in August) is too unreasonable.

2. Determination:

A. As to the Defendants’ assertion of misunderstanding of facts, the injury diagnosis report submitted by the victim of the crime of injury as to the part 1 set forth in Article 1 of the Act is generally based on the victim’s statement, and contains parts and degree of injury, etc. of the victim’s medical expertise and observation and judgment by using medical expertise, and it is insufficient to directly prove the fact that the injury as set forth therein was caused by the Defendant’s criminal act. However, in a case where the date and time when the victim prepared the diagnosis report on the injury was close to the point and time when the injury occurred, and there is no special circumstance to suspect credibility in the process of issuing the injury diagnosis report, and in a case where the victim’s injury part and degree coincide with the cause and circumstance of the injury alleged by the victim, the injury diagnosis report is accompanied by the victim’s statement, unless there is any special circumstance such as the victim’s occurrence of violence from a third party or it was revealed that the victim prepared a false diagnosis report.

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