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(영문) 부산지방법원 2013.09.26 2013노2088
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal was assaulted by the victims, but the court below committed unlawful acts that affected the conclusion of the judgment by misunderstanding that the Defendants jointly committed an injury to the victims B and A, respectively.

2. Comprehensively taking account of the evidence duly adopted and examined by the court below, such as testimony of witnesses A, B, and I of the court below, the defendant C and the victim B suffered from the vision in front of the Hnonode bank, and the situation of the victim's inside of the victim's inside was lost from the ground when the defendant C and the victim B were sponsed with their hair and body fighting between the defendant C and the victim B, and then the defendant C and the victim were sponsed from the Hnode bank building in front of the defendant D, and they were sponsed with the victim's knee part and the kne part of the victim who suffered from the Hnode bank building in front of the defendant D, and there is no evidence to acknowledge the change of the defendant's body.

Therefore, the lower court’s rejection of the Defendants’ legal proceedings and the judgment that convicted the Defendants of the instant facts charged is justifiable.

3. As such, the appeal on the ground of a mistake of facts by the Defendants is dismissed in accordance with Article 364(4) of the Criminal Procedure Act, since all of the appeals are without merit. It is so decided as per Disposition.

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