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(영문) 부산지방법원 2013.11.07 2013노1822
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that recognized the crime of violation of the Punishment of Violences, etc. Act (joint injury) on the ground that the defendant unilaterally committed an assault from the victims and did not commit an assault against the victims at all, is erroneous in the misapprehension of facts, which affected the conclusion of the

B. The lower court’s sentence of unreasonable sentencing (three million won of fine) is too unreasonable.

2. Determination

A. In full view of the court below’s witness I, G, F, and H’s respective legal statements, each written diagnosis, etc., which are the evidence legitimately adopted and examined by the court below as to the assertion of mistake of facts, the defendant, together with C and D, has inflicted an injury on the victims by assaulting them as stated in the judgment of the court below.

On the other hand, the defendant argued that "A witness of the court below, who resides in S, gave a false testimony even if he could not have been present, because the place where the dispute occurred with the victim, Q and R in Busan," but the defendant and the victims were arrested in the act of committing an act in front of Busan, the defendant and the victims were arrested in the act of committing an act in front of Busan, and I stated in the court of the court of the court below that the defendant and the victims were only present at the place where the dispute was first parked due to the first parking problem, and the defendant also recognized that the place where the Sivic is punished due to the first parking problem (the road name address is Busan, the Busan, the road name) is considerably adjacent to the Busan, S in Busan, and in light of the house structure and location of I adjacent to the road of I, it seems that I could easily witness it if there is a disturbance on the road, and there is no interests with the defendant and the victims, and therefore I can find that I statements in the court of the court of first instance.

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