폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. In full view of the summary of the grounds for appeal (a mistake of facts as to the principal facts charged) the victim's statement and the written diagnosis of injury at the court of the court below, the court below acquitted the victim of the primary facts charged that the defendant, after taking a prown from the victim, had the victim face with the prown, which is a dangerous object, and found the victim's face. The judgment of the court below acquitted the victim of the facts.
2. Determination
A. On September 17, 2012, the Defendant: (a) around 11:55 on September 17, 2012, the main facts charged are as follows: (b) on the ground that the victim was said to be a fraudulent change in the Defendant, the Defendant, at the office of the Dogdong branch, and was in dispute with the delegation of the victim E (the age of 65) and land trade, and (c) on the ground that the victim said that the victim was a fraudulent change in the Defendant, and (d) on the face of the victim, the Defendant laid the Masan (the total length of 100cm) which is a dangerous object owned by the victim, thereby taking the victim’s face
B. The lower court determined as follows 1) on the grounds that the Defendant’s assertion that there was no fact that the Defendant was a victim who flicked flick and flicked flick in the process of flicking the Defendant’s boat in order to prevent the Defendant from cutting and cutting flick, and that there was no reason for the Defendant’s assertion that there was no fact that the Defendant had flicked the flick, and that there was no fact that
2. The victim stated in an investigative agency and a court that the defendant took a friendly mountain of the victim and 10 times more than 10 parts of the face and shoulder of the victim, thereby complying with the above facts charged.
그러나 한편, 피해자의 법정 증언에 의하면, 피고인과 피해자가 지역에서 30년 이상 선후배로 잘 알고 지내왔던 사실, 이 사건 당일 피해자와 피고인이 탁자를 사이에 두고 서로 맞은편에 앉아 말다툼을 하던 중 피해자가 먼저 자신의 우산의 뾰족한 부분을 피고인의 배 쪽을 향하여 탁자를 수 회...