beta
(영문) 수원지방법원 2013.10.30 2013노3042

폭력행위등처벌에관한법률위반(공동상해)등

Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The court below rejected the credibility of the statement of the victim of this case and acquitted the defendants on the charge of violating the Punishment of Violences, etc. Act (joint injury). The court below erred by misapprehending the facts.

2. Determination

A. The summary of this part of the facts charged was a dispute between the victim and the fence on the ground that the victim's house was put into the wall while Defendant A operated the Friju station located in E in E-si with Defendant B, for the purpose of piling up the wall to the house of the victim G adjacent to the gas station.

Defendant

A around November 3, 2011, around 18:10 on November 3, 2011, at the defendant's house located in Ischeon-siJ, the victim called "low spacker, spacker, spacker, and spacker" to mean "low spacker, spacker, and spacker spacker."

During that period, Defendant A followed the victim’s breast part of the victim’s chest by drinking knee, knee, Defendant B’s head part by drinking, Defendant B’s head part by drinking, Defendant B’s left hand, etc. one time by driving the victim’s left hand. Defendant B assaulted the victim’s back hand.

As a result, the Defendants jointly assaulted the victims, thereby leading up to approximately six weeks of treatment to the left-hand side of the 4-day class executive members in need of treatment.

B. 1) The victim consistently met with Defendant A, Defendant B, K, and M at the time of the instant case from the investigative agency to the court of the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial at the trial, and Defendant B stated that the victim was able to get off the victim with a view, and the victim was able to have been able to get off the victim, and the victim made a statement that he was able to have been able to get off the victim, and that she was able to have been able to go against the hospital immediately after the following day of the instant case, and the contents of the statement are written in the medical records (Evidence No. 104 pages, and also written in the medical certificate prepared on November 8, 20