폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The defendant's appeal is dismissed.
1. The gist of the grounds of appeal is that the victim E and vagabonds are punished while the defendant cited the victim's disease, and that the victim's head is suitable for the victim's head, not intentionally the defendant's head.
Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.
2. The Defendant, at the court of the court below, led to the confession of all the instant crimes in the court of the court below, and brought an appeal on the ground of mistake of facts while denying the instant crimes.
However, in light of the importance of the statement in court as to whether to admit the facts charged, it is not reliable to reverse the confession voluntarily made by the defendant in the court of original instance, unless there are special circumstances.
In this case, the confession in the court of the court below is not reasonable in itself as to this case.
There is no circumstance to see that there is no fact contrary to or contradictory to other circumstantial evidence shown in the record, and that there was no circumstance to see that the confession of the defendant had influenced.
In full view of the evidence duly admitted and examined by the court below as above, it is sufficiently recognized that the defendant inflicted a necessary injury on the victim for about two weeks of medical treatment by considering the victim's left-hand head as stated in the judgment below as the main illness, as well as the evidence duly admitted and examined by the court below.
The defendant's above assertion is without merit.
3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.