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(영문) 대전지방법원 2013.11.28 2013노1558

폭력행위등처벌에관한법률위반(공동상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles 1) Of the facts charged in the instant case, the lower court rendered a judgment of innocence and dismissal of prosecution on the grounds that it was difficult to view that Defendant C was infashed at the time of the violation of the Punishment of Violences, etc. (joint assault) against Defendant B and C, and thus, it was difficult to view that the aforementioned Defendants jointly committed assault against the victim. However, in light of the formation and progress of fighting between the aforementioned Defendants and the victim A at the time, the above Defendants have been aware of the fact that the first time expense occurred, and the said Defendants committed assault against Defendant B, and thus, the said Defendants jointly committed assault against the victim A. Of the facts charged in the instant case, the lower court acquitted Defendant B on the part of the violation of the Punishment of Violence, etc. Act (collective injury, deadly weapons, etc.) (collective injury, etc.) on the part of the instant charges, and found Defendant B guilty on the part of the Defendant B’s act of violence, etc. (a deadly weapon and injury).

B. Each sentence (a fine of seven million won is imposed on Defendants A, a fine of four million won is imposed on Defendants C, a fine of three million won is imposed on Defendants C, and a fine of five million won is imposed on Defendants E) imposed by the lower court on the Defendants are deemed to be too uneasible and unfair.

2. Determination

A. 1 Determination of misunderstanding of facts and misapprehension of legal principles as to the assertion of misunderstanding of facts and misapprehension of legal principles as follows: (a) Violation of the Punishment of Violences, etc. against Defendants B and C (the part of the joint assault case which was duly adopted and investigated by the court below, i.e., the circumstances at the time of the instant case, i.e., the Defendant C suffered vision and lost memory as it was out of the packing end.

It has been under the influence of alcohol.