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(영문) 대구지방법원 2015.01.22 2014노1213
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the part on violation of the Punishment of Violences, etc. Act, the defendant and D are merely assaulted by the victim, and there is no fact that D, as stated in the facts charged, has been placed a victim with an Aluminium shot, or the defendant had a stone with a stone.

The reason why the victim suffered the wound indicated in the medical certificate is because the victim was assaulted against the defendant and D and went into the house.

Nevertheless, the judgment of the court below which found this part of the facts charged guilty is erroneous by misunderstanding the facts and affecting the judgment.

B. In relation to the larceny part, the Defendant was only obtained from the same Neow residents, and did not steals from the victim party.

The evidence submitted by the prosecutor alone is insufficient to recognize that the defendant has stolen 10 copies of the strike that he was the victim.

Nevertheless, the judgment of the court below which found all of the facts charged guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. Determination

A. The lower court appears to have recognized admissibility of evidence of the police interrogation protocol regarding C by the victim as to the violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) and the victim stated in the police.

C) On May 21, 2013, 2013, due to the difficulty in respiratory, she started to be hospitalized and hospitalized. On February 18, 2014, the prosecutor testified to the effect that C was investigated by the police as of May 6, 2013, and G was aware of the fact that he was aware of the fact that he was aware of the son’s accident at the relevant place of time in relation to the assault case in the original court. The prosecutor testified to the effect that C was aware of the fact that he was aware of the son’s accident at the relevant place of time in relation to the assault case in the original court.

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