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(영문) 인천지방법원 2019.10.24 2018노2445
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant did not assault the victim.

B. The sentence imposed by the lower court (one million won of fine) is too unreasonable.

2. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the lower court in determining the assertion of mistake of facts, the Defendant is recognized to have inflicted an injury on the victim by assaulting the victim as stated in the facts charged.

(1) The victim made a statement from an investigative agency to the court below to the following purport:

- On April 27, 2017, the victim was in delivery from the new wall dub, and A was in time of the victim after the Otoba prior to the front of the Otoba while duba.

Accordingly, the victim also abused the victim by the defendant at the time of the victim A.

Even after the end, the defendant and A filed a report to the police in order to take a bath and assault.

② In response, the Defendant stated that “A and the victim were in fighting with their body while moving together with A,” and stated that “A and the victim were in fighting with their body,” and that he only said that he did not participate in fighting.

③ The CCTV taken in the situation at the time does not take a face of assault between the parties, but the victim of the CCTV talks together with the victim, or the victim speaks about the defendant who is the victim.

This is not consistent with the statement of the defendant, but rather accords with the statement of the victim.

④ At the time, the Defendant and A appeared to have been under the influence of alcohol, and A stated in an investigative agency that they cannot memory the situation at the time.

3. The extent of assault by the defendant on the assertion of unfair sentencing, the criminal records of the defendant, and other ages, character and conduct, environment, motive, means and results of the crime, etc.

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