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(영문) 대전지방법원 2014.10.30 2014노1365

폭력행위등처벌에관한법률위반(공동상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the fact that Defendant A had a perception and intent of plucking up or plucking up the fingers of Defendant AD (joint injury) in violation of the Punishment of Violences, etc. Act (joint injury) is due to Defendant A’s plucking up and plucking up to the opposite with D’s hand, and the injury of D was caused by Defendant A, who fightd with other fright at the restaurant where D is working, at the restaurant where D, and Defendant A, who fightd with other frighting, had an awareness and intention of plucking or plucking of D’s hand, but it was erroneous in the judgment of the court below that found Defendant A not guilty, which affected the conclusion of the judgment, since Defendant B stated that Defendant B was at the time of Defendant B’s selling of D’s drinking up to 10 times, this part of the charges also should be found guilty.

B. Defendant A made a statement to the effect that Defendant A was in excess of B's ability to take advantage of the fact that Defendant A's force in the process of speaking for the suspected person cited by Defendant A. However, considering the fact that Defendant A's force can be deemed to have been exceeded I's force, and that Defendant A was in a situation where Defendant A was satising with another one, Defendant A could have been aware of the intention of assault against I, but the judgment of the court below acquitted Defendant A of this fact, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts, and the judgment of the court below. 2) Defendant B first made a statement that Defendant B made 1's face, etc. 1 or 2 times, but after the agreement, Defendant A expressed that her face, etc. was sealed during the process of speaking, but it should be deemed that Defendant A had an intention of assault in light of the damaged part, etc.

2. Determination

A. The circumstances that the court below properly explained against Defendant A in violation of the Punishment of Violence, etc. Act (joint injury) against D and the following circumstances acknowledged by the evidence duly adopted and examined by the court below.