beta
(영문) 전주지방법원 2015.11.13 2015노1078

폭력행위등처벌에관한법률위반(공동상해)

Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) may be acknowledged that the defendant, together with C and D as stated in the facts charged, sustained injury by the victims when they were victims, as well as C and D, but the court below acquitted the victims by misunderstanding the facts.

2. The court below held that C/D stated that the victim was absent from the scene at the time when the victim was punished, the victim G was assaulted by the victim H and D, and the victim H did not see the victim H, and the victim H stated that the victim was not at the time when the victim was the victim was the victim H. The victim H stated in the court below that the victim was "not at the time when the victim was faced with the face," and that the victim H did not clearly state the defendant as the victim who was the victim of the victim's assault. While the victim G stated that the victim was not involved in the victim's assault against the victim H, the victim G did not state the victim's head after the victim was the victim's assaulted, but it appears that the defendant did not state his head at the police station of the case immediately after the settlement, and that the victim was not guilty of the victim's injury on the ground that it was entirely denied despite the victim's statements despite the victim's damage, and it is difficult to accept the evidence submitted by the prosecutor in light of the records.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit. It is so decided as per Disposition.