폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
The prosecutor's appeal is dismissed.
1. Around March 5, 2012, around 22:00, the Defendant argued that “D summary” located under the old-si C underground, “D summary” between the victim E (52 years of age) and the Defendant’s one-way G were boomed with snow, and that the victim assaulted the G as F, thereby leading the victim four times, leading the victim more than four times, leading the victim at the end of the four times, and boomed the victim at the left-hand head of the victim at one time, using the flue disease with the establishment and operation of the facilities, which is a dangerous object, such as the prevention of the establishment and operation of the facilities, and the establishment of the facilities, such as the establishment and operation of the facilities, of the victim E (52 years of age) and the Defendant’s one-way group.
2. According to the statements of the victim E and witness H in the gist of the grounds for appeal, the facts charged of the instant case can be fully acknowledged that the Defendant was suffering from the two-way illness and was faced with the victim.
3. First of all, with regard to the fact that two-way soldiers had the victim's head, there are the victim's police officer's evidence as shown in this part of the facts charged, the victim's statement in the court below and the witness F's statement in the court below, and the victim's statement in the court below. Since F made the victim's statement that the defendant was the victim's head from the two-way disease, it is the victim's statement that the victim's head was the victim's head from the two-way disease, that is, the following circumstances,
Before the carper, F, the victim's daily f, who was the victim's daily f, was the victim's wife and the defendant's side, was pushed and was the victim's body fighting. ② During that process, one person's daily f, who was the victim's head f, was leading to the defendant's personal f, who was the victim's head f, and ③ the above D f,
He, the water of the funeral, in the court of original instance, seems to have seen that the defendant would go to the two-way disease, and in Byung, he would be well aware of the victim's head. Rather, the defendant's act on the side of the defendant was committed by the other party."