(영문) 대구지방법원 2014.04.11 2013노3417 | 리걸엔진

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Reasons

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줄 간격

자간(%)

(영문) 대구지방법원 2014.04.11 2013노3417

폭력행위등처벌에관한법률위반(공동상해)

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The prosecutor's appeal is dismissed.

Reasons

1. Although the court below accepted the defendant's assertion that he was only fighting with the victim's fighting, and acquitted the facts charged of this case, the court below erred by misapprehending the facts and affecting the conclusion of the judgment, although the defendant could sufficiently recognize the fact that she had inflicted an injury on the victims jointly with C, H, etc. due to the statement of F, I, etc. of the victim F and I.

2. Determination

A. On February 7, 2013, at around 01:30, the summary of the facts charged: (a) on the E clubs located in Daegu-gu, Daegu-gu, the victim F (23 years of age) spread to G and the PT disease containing water; (b) although the victim f (3 years of age), the victim f (3 years of age) spreads water to F and FT disease, the victim h and F were released to F, such as h and his female f, which were located in the next table, but the victim f and F did not go to the fry, but did not go to the fry; and (c) when the victim f went to the f’s face one time as drinking, the victim f (26 years of age) went to H.

Accordingly, the Defendant and H, C, J, and K have sold and kept victims with their body, carried them over several times, tightly, and drinking several times, the victim F was in need of approximately 14 days of treatment, and the victim I was in need of approximately 2 weeks of treatment.

Accordingly, the defendant, together with H, C, J, and K, was injured by the victims.

B. The lower court determined that the Defendant was not guilty of the Defendant on the ground that, since the investigation agency to the lower court, the Defendant only told the victims of fighting and did not inflict any injury on the victims. As such, the F’s partial statement in the lower court, a partial statement in the investigative agency, and a part of the I’s investigative agency that seem to correspond to the facts charged in the instant case, it is difficult to believe that some of the F’s statements in the lower court, and the remaining evidence submitted by the prosecutor alone are insufficient to recognize the

C. The lower court’s judgment on the appeal is F.F.

유사 판례

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