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(영문) 광주지방법원 2017.05.24 2016노1963
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by imprisonment for six months.

However, the defendant.

Reasons

1. Summary of grounds for appeal;

A. Comprehensively taking account of the evidence submitted by the prosecutor of fact-finding, even though it is sufficiently recognized that Defendant A had an intentional injury, the court below acquitted the Defendant of this part of the facts charged, which is erroneous in the misapprehension of facts.

B. The lower court’s sentencing against the illegal Defendants is too uncomfortable.

2. Determination as to the assertion of mistake of facts

A. Around 09:00 on June 25, 2015, the summary of the facts charged in the instant case: (a) Defendant A inflicted an injury on the victim G’s right arms, left part of the buckbucks, Defendant B’s right bridge, part of the buckbucks part of the right arms on which it is impossible to identify the number of days of treatment on the victim G; (b) Defendant B did not keep the right side for about three weeks of treatment.

B. The lower court’s judgment determined that the following circumstances, i.e., the victim G, clearly memorys Defendant A’s injury.

In light of the fact that it is difficult to see that Defendant A’s act of injury is insufficient to prove only with the statement made by the J investigation agency, and ③ Defendant B’s statement made to investigation agency in the first instance court to the victim G and J was partially false due to the fact that Defendant A stated that Defendant A was protruding to defend the victim G, and Defendant A stated that Defendant A was protruding to defend the victim G, the sole evidence of the evidence submitted by the prosecutor alone proves that Defendant A intentionally injured the victim G and Defendant B.

The lower court acquitted the Defendant of this part of the facts charged on the grounds that it is difficult to see otherwise and there is no evidence to prove

(c)

The following circumstances acknowledged by the evidence duly adopted and investigated by the court below of the first instance, i.e., victim G, Defendant A at the investigative agency and the court of the original instance.

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