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(영문) 부산지방법원 2014.10.16 2014노2628
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s punishment (fine 1.5 million won) is too unreasonable.

B. Defendant B merely made a fighting between Defendant A and the victim, and did not take part in the process of a fighting or used violence. However, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Defendant A, who tried to park a vehicle for determining unfair sentencing by Defendant A, had the victim’s face on the ground that the victim does not turn on the way while making a telephone call. Meanwhile, considering the circumstances agreed with the victim, the court below reduced the amount of fine from KRW 2 million to KRW 1.5 million. The court below decided that there was no change of circumstances favorable to sentencing, and that there was no other change of circumstances favorable to sentencing, and that there are other various circumstances that are conditions attached to sentencing in this case, such as the above Defendant’s age, character and conduct, environment, etc., the court below’s sentencing against the above Defendant is appropriate.

3. According to the evidence duly admitted and examined by the court below regarding Defendant B’s assertion of mistake of facts, the victim stated to the effect that “the Defendant B had taken the Defendant’s salvine” consistently from the investigative agency to the court of the court below, and the video images of the Defendant B’s salvine conforms to the above statements, barring any special circumstance to suspect the credibility of the statement, and thus, the court below’s finding the Defendant B guilty on the basis of comprehensive evidence

4. In conclusion, the defendants' appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since all of the appeals by the defendants are without merit. It is so decided as per Disposition.

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