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(영문) 전주지방법원 2015.10.16 2015노909

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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, as stated in the facts charged, committed an injury to the victim by taking the victim into consideration a dangerous article, as stated in the facts charged, but the lower court acquitted the Defendant by misapprehending the facts.

2. The decision of the court below is that the victim had been drinking and drinking too much until the new wall time. The victim, at the main point of this case, was able to do so, by drinking a mixed drinking, drinking a man, drinking a man on the side boom, drinking a man, drinking a man, drinking a man, drinking out of the main point of this case, leaving out of the main point of this case. The victim did an assault against the defendant due to the lack of calculating the drinking value, so it seems that the calculation was somewhat delayed because the victim did not properly calculate the drinking value of the female guest on different tables, and that it was difficult to view that the defendant, who had been in front of the completion of his business, was the motive of assaulting the victim out of the main point of his own operation, and that it was difficult for the victim to do so, due to the circumstance that the victim was unable to do so before and after the victim's testimony and after the victim's temporary assault, and that the victim was able to have a witness's h's own testimony in this case.