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(영문) 대구지방법원 2013.05.09 2012노3450

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant only told the victim F and G fighting, and did not injure the victim’s boat with a shouldered flicker disease. If the Defendant and F were to have a flicker in both sides, the Defendant and F must have a flicker’s hand, even though they had a flicker’s hand, the Defendant’s statement is not reliable.

The F will go beyond the G and Si expenses together.

Nevertheless, the court below found the Defendant guilty of the facts charged of this case. The court below erred by misapprehending the facts.

2. Determination

A. Comprehensively taking account of the evidence duly admitted and examined by the court below, the following facts or facts can be acknowledged.

① Defendant and G drinking alcohol in Ecafeteria, and “F” while drinking alcohol in H and room, and “F” called the Defendant and G as “blickly flickly flick.” Accordingly, there was a vision, such as drinking flickly and flickly, and drinking flickly and flickly, and drinking flickly and flickly.

② The F consistently stated that, while having carried a falp with G and falp from an investigative agency to the court of the court below, the Defendant reached fle on the left side part of the shouldered sof, and prevented the Defendant from doing so with the left hand.

③ G made the following statements from an investigative agency to the lower court’s court.

Although F and Sindo Do Do Do am, F had been strokeed to oneself again, I am strokeed to stroke, and strokeed to stroke at the time when strokeed to stroke, I am together with the Defendant and F, but F was strokeed to stroke by stroke.

④ H made the following statements from an investigative agency to the lower court’s court.

Although the defendant did not directly witness the F F's ship, G's entrance into the room and the surrounding people were the first time while carrying out the time.