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(영문) 울산지방법원 2014.02.19 2013노857

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. The decision of the court below which found the defendant guilty, in the absence of the fact that the defendant inflicted an injury on the victim as stated in the facts charged of this case, is erroneous.

2. The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below in light of the overall records of this case, such as (i) the victim's investigative agency and the court below's testimony that conform to the facts charged are consistent with the victim's injury part, shape, and degree as stated in the victim's injury diagnosis report submitted immediately after the instant case; and (ii) the victim stated that he does not want punishment against the defendant from the first investigative agency, there is no circumstance to suspect credibility in the victim's statement; and (ii) the defendant argued that the victim was faced with the victim's illness or the vehicle spread that the victim was faced in the process beyond the ground floor of the defendant and the defendant, and the witness G took the victim's appearance while leaving the court of the court of the court below and the police, but the witness H made a statement outside the warehouse, which was inside the warehouse, and that the victim did not know that he did not know that he did not know about the victim's testimony outside the warehouse.

In light of the victim's shape, etc., it is difficult to see that the victim was faced with the driver of the vehicle. ③ M is not a witness of the occurrence of the instant case due to the defendant's death degree. The statement in the court of the trial on the background of the confession made by the defendant at the police stage is alone made by the defendant in the investigative agency.