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(영문) 의정부지방법원 2015.06.17 2014노1354
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found the defendant guilty on the ground of the statements of I and J, etc. without credibility, even though the defendant did not assault and injure the victim I (hereinafter referred to as "victim") as stated in the facts of the crime of the court below, is erroneous in the misapprehension of facts and affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (fines 5,00,000) is too unreasonable.

2. Determination

A. The lower court duly adopted and examined the allegation of mistake of facts, namely, the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court. ① The victim made a statement at an investigative agency that “When the victim photographs the victim’s cell phone, D took the victim’s face by setting up the victim’s cell phone one time, and cutting off the victim’s face with her hand, and the Defendant took up the victim’s hair and her hair, she sleeped the victim’s hair and ske the victim’s body when she took several times beyond the ground floor, and requested the Defendant to change his cell phone after leaving the Defendant’s speech, and then again, the Defendant again assaulted the victim’s head and drinking.” In the lower court’s trial, the victim made a statement that “When the victim took the victim’s hair by assault, and the victim took the victim’s body, the victim took up his cell phone and took her body beyond the scope of the victim’s body, and then the victim made a relatively consistent statement.”

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