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(영문) 춘천지방법원 2017.01.26 2016노28

폭력행위등처벌에관한법률위반(공동상해)등

Text

All appeals filed by prosecutors and Defendant B shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (misunderstanding of facts and legal principles) committed violence from the victim F and G, against which the Defendants asserted that they were assaulted by the victim F and G, and each victim was aware of the other's crime, and committed violence. Thus, the Defendants jointly committed assault and injury to the victims.

must be viewed.

B. Defendant B did not have any face of the victim G, nor did he injure the victim only once, and did not injure the victim.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court as to the Prosecutor’s misunderstanding of the facts and misapprehension of the legal doctrine, i.e., G was wn with Defendant B without dispute with Defendant A.

The statement was made and the F stated that he was wn with Defendant A, and that he was not damaged by Defendant B, and ② that H and I, who observed fighting at the site of this case, was wn for men at the police investigation stage, and that women were wn for women at the police investigation stage.

In full view of the fact that Defendant A and F made a statement, ③ Defendant A and F had an intent to realize their crime by recognizing the other party’s assault or bodily injury while recognizing the other party’s act of assault or bodily injury. In full view of the fact that Defendant B and G had been at a place where they were satisfed and satisfed.

It is difficult to see, and there is no other evidence to acknowledge it.

Therefore, the prosecutor's above assertion is without merit.

B. The following circumstances revealed by the evidence duly admitted and examined by the lower court regarding the Defendant B’s assertion of mistake of facts, namely, the victim G was exposed to the face of the police dispatched to the site at the time of the occurrence of the instant case from Defendant B.

A police officer took the face of a victim by stating the content of damage, and the victim took the face from the police investigation to the court of the court below.

consistently stated, etc.