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(영문) 창원지방법원 2013.08.14 2013노735

폭력행위등처벌에관한법률위반(공동상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Although the gist of the grounds for appeal is sufficiently reliable to the victim's investigative agency that complies with the facts charged in this case, the court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. The facts charged in this case and the judgment of the court below

A. At around 21:30 on August 18, 2012, the Defendant and A of the facts charged of the instant case: (a) boarded the victim’s head and face on the e-cab driven by the victim D (the 50-year-old age) in Seongbuk-gu, Changwon-si; and (b) the Defendant, who was a passenger of the instant case, went back to and paid a large amount of taxi fee on the o-distance in the central road located in the same Gu; (c) “A, who was a passenger, seems to have no person in China,” going to go back to the city, and her head and face about 4-5 times in drinking; (d) the Defendant also 2-3 times in drinking the victim’s head and face; and (e) at around 10 times in drinking the victim’s face, head, face, and shoulder the victim’s face again.

As a result, the defendant and A jointly put up a multi-lateral typology that requires treatment for about 21 days to the victim (the head, the elbow part on the right side of both arms, the elbus part).

B. The court of the court of the court below held that there was a statement of the victim as evidence that corresponds to the fact that the defendant made approximately two to three times the victim's damage in combination with A, but the following circumstances acknowledged by the evidence and records in the judgment of the court below, namely, ① according to the evidence and records of the court below, it is confirmed that the defendant at the time of the crime of assault against the victim was not verified, while it was confirmed that the defendant prevented the defendant from assault against the victim, and that the victim "do not have been interested" was correct. Thus, the defendant was drinking in the above circumstances.