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(영문) 인천지방법원 2013.03.29 2011노632

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of the prosecutor's grounds for appeal;

A. The act of violence, such as the violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) G, as described in this part of the facts charged, shall be deemed to have been committed by the Defendant, which is the same organization as G, by committing an act as an employee of the "margum wave", which is a violence organization, and thereby, the Defendant, which is the same organization as G, shall be deemed to have taken part in the commission of the above-mentioned situation in order to enable G to commit such an act. On the contrary, since the victim J’s testimony was false for the Defendant who is aware of the fact,

B. In the case of violation of the Punishment of Violences, etc. Act (joint conflict), the victim L, witnessO, N's police and prosecutor's statements are consistent and specific, and are sufficiently reliable. The testimony made in the above L,O, and N in Incheon District Court 2009Kadan2658 was not reliable because it is difficult for the victim Q Q from an objective point of view that there is no reason for the victim Q from multiple occasions to face alcohol, and the victim's objectively there is no reason for the victim Q from an organized violence offender to face alcohol free of charge, but the court below acquitted the defendant of this part of the facts charged, which affected the conclusion of the judgment.

2. The summary of the facts charged in the instant case is a man of the “new marcom,” a violent organization that acts as the competent officer of the Nam-gu, Incheon.

At around 06:30 on July 3, 2008, the co-principal behavior with C, D, E, F, and G, the Defendant drinking alcohol together with C, D, E, F, and G. Around 06:30 on July 3, 2008, the Defendant was under drinking alcohol with C, D, E, F, and G. The Defendant, which is a violence organization in the Incheon area, was followed by the victim J (26 years old), who was under dispute with I and C, which is a violence organization in the Incheon area.