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(영문) 대전지방법원 2017.12.14 2017노1005
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant B’s joint assault of facts, the lower court rejected the victim’s statement on the ground that the testimony of H which did not witness from the beginning and the statement of the victim are contrary to the victim’s statement, and acquitted Defendant B on the ground that the Defendant did not have any reasonable doubt that he participated in the Defendant’s act of assault and assaulted C on the ground that it did not have any reasonable doubt, thereby adversely affecting the conclusion

B. The sentence sentenced by the lower court to Defendant A (7 million won in penalty) is excessively unhued and unfair.

2. Determination:

A. 1) In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the lower court’s judgment, the lower court acquitted the Defendant of this part of the charges on the ground that: (a) at the time of Defendant B’s assaulted A and C; (b) the Defendant did not prove that he participated in the assault committed by A and assaulted C without any reasonable doubt.

A) As consistent from the investigation stage to this court, A and the Defendant consistently stated that C did not commit an assault against C only in the cata while bata in the cata.

B) H, the owner of Kabane, was present as a witness, and “the place of business was satisfying, and C was fulbling, and C was fulbling.

In order to make this end, the defendant knife C's back back, C knife C's head debt, and knife C knife knife B's head debt, and knife C kn

After that, I stated to the effect that C was removed and produced out of the carbast.

C) C is a statement to the effect that “A is unilaterally assaulted by A within a carba, and the Defendant was in his own head after Gap himself,” but the above statement is not only inconsistent with the witness H’s testimony but also inconsistent with its circumstances.

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