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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대구지방법원 2014.04.17 2013노3051
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty of this part of the facts charged is erroneous by misunderstanding the facts and affecting the conclusion of the judgment, even though the defendant only made a fighting between Co-defendant A and G in the first instance trial, and there was no fact that he had made a fighting or an injury.

B. In light of the fact that the defendant's crime of unfair sentencing is an contingent crime, the punishment imposed by the court below (2 million won of fine) is too unreasonable.

2. Determination

가. 사실오인 주장에 관한 판단 피해자 G은 수사기관 및 법정에서 피고인이 피해자의 얼굴을 수회 때리고 발로 배를 찼으며 폭행을 피하여 달아나는 피해자를 따라와 욕을 하였다고 진술하고 있다.

The above statements made by the victim are consistent, detailed, and clear, and there are no special circumstances to deny the credibility of the statements made by the victim.

In particular, according to CCTV images duly examined by the court below, the following facts are acknowledged: (a) the Defendant was frightening out of the victim, and (b) the Defendant was exempted from the Defendant’s frightening, thereby going back. In light of these circumstances, at the time, the Defendant appears to have driven away from the victim while the Defendant was frightened, and does not seem to have driven away from the victim to speak as alleged by the Defendant.

In this regard, the above CCTV images are supported by the victim’s legal statement that it did not appear that the Defendant would not take the victim’s desire to take the victim, but rather that the victim did not take the victim’s desire.

In full view of all these points, the court below's decision is based on the victim's statement.

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