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(영문) 대구지방법원 2013.06.13 2012노3816

폭력행위등처벌에관한법률위반(공동상해)

Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds of appeal is only that Defendant A had a victim sit in singing in the voice of the victim, and the Defendants did not inflict an injury upon the victim as stated in the facts charged of this case.

The judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. According to the evidence duly adopted and examined by the court below, the following circumstances are acknowledged.

In other words, the victim, from the investigative agency to the court of original trial, went to the instant singing room in concrete and consistent manner, along with three other persons (one male and two other persons). Defendant A disputed two male and female persons during the instant singing room. Accordingly, Defendant A and only the Defendants and the victims were in dispute in the singing room in the situation where three persons of the said day going to singing first. During that process, Defendant B took part of the victim’s secret by hand, and Defendant A took part of the victim’s chest.

Around 00:42 on April 15, 2012, 2012, the victim received a diagnosis that he/she suffered approximately approximately 28 days of medical treatment from “H Hospital” located in Daegu-gu Daegu-gu G.

Considering the circumstances leading up to the dispute between the Defendants and the victims, and the fact that the victim directly received treatment from the hospital, credibility exists in the statement of the victim.

The Defendants stated that the victim went to the hospital immediately after the occurrence of the instant case, but the “H hospital” which received the diagnosis by the victim was about 12 minutes away from the vehicle, but the time the victim arrived at the hospital was about 2 hours after the occurrence of the instant case, and if the victim suffered losses from the boness of the bones, as stated in the instant facts charged, it was impossible for the victim to move to the hospital. As such, the victim voluntarily stated that he left the taxi.