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(영문) 서울북부지방법원 2012.12.27 2012노1329

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of reasons for appeal: Error of facts;

A. The Defendant violated the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) committed the Victim F at the Jdochouse prior to the clerical error in the instant singing room, but did not have the Victim F due to the instant singing room.

(b) Goon D had his head at the time of the Defendant’s head due to beer disease;

2. Determination

A. Comprehensively taking account of the evidence duly adopted and examined by the lower court in violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.), the Defendant may recognize the fact that the Defendant, while putting a fire extinguisher in the instant singing room with D, K, etc., was standing up in the said place, and broken down a beer with a beer immediately subsequent to a beer, and then the victim’s knife with the right hand of the F, who said knifed, sustained the victim’s knife.

B. Comprehensively taking account of the above evidence, D may acknowledge the fact that the Defendant filed a complaint with the same purport with the Seoul Western Police Station on October 26, 201, and on November 29, 201, stated the same purport at the above police station office.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.