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(영문) 대구지방법원 2013.10.11 2013노1200
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the records of mistake of facts, credibility can be acknowledged in the victim I's statement that the defendant was assaulted by the defendant, and if the evidence submitted by the prosecutor is added, the crime of violation of the Punishment of Violences, etc. Act (joint injury) can be acknowledged against the defendant.

B. In light of the legal principles, even if the Defendant did not actively commit violence against the victim, if he/she had the intent to exercise the victim’s tangible power for the victim for the victim A and B, and he/she, with the intent to exercise the victim’s tangible power, itself, constitutes a co-principal by partially sharing the act of assaulting the victim by A and B, thereby constituting a co-principal, and thereby constituting a crime of violation of the Punishment of Violences, etc. Act (joint injury).

2. Determination

A. The court below made a statement on the assertion of mistake of facts as evidence consistent with this part of the facts charged, but the following facts, which can be recognized by the records and the hearing of the court of the original instance, are consistent from the investigation agency to the court of the original instance, that the defendant consistently made a fighting between B and I, and stated that he did not have the head debt, and that I would like to be able to keep the head debt from B in the investigation agency, while he was able to take the head debt from B in the investigation agency, and the defendant was able to take the head debt from B and her her her her her her her her her her her her her her her her her her her her her her her her her head debt before the her head debt was her her her her her head debt before the other her head debt was her her her her her head debt. The court of the original instance made a statement directly from the investigation agency to the right after I.

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