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(영문) 대전지방법원 2013.06.13 2013노6
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor as to the gist of the grounds for appeal, the court below found the defendant guilty of the facts charged in this case, on March 19, 2012, even though it is sufficiently recognized that the defendant, within the construction site of Jinjin-si on March 15, 2012, caused damage to the scarf part of the chest part requiring medical treatment for about 14 days to the victim by using hack pipe (2m, 2m, 2m, 13m) that he had been holding the victim D in advance at C at the construction site of Jinjin-si-si (hereinafter referred to as the "victim") one time, hinho-ri, one time, and two times to the victim by drinking.

2. Determination

A. The judgment of the court below is consistent with the facts charged of this case. The court below stated that ① a witness D’s statement in the court and investigation agency; ② an investigation report stating that E and F, China, such as D and her nationality, were when the Defendant was frighted to the police officer, and ③ a medical examination statement stating that treatment for about 14 days is needed under the name of Byung such as damage of scarbing the upper part of the chest part and damage of detailed identification, etc. ① the Defendant first reported the damage to the police on the day of this case; ② the Defendant first reported the damage to the police during the investigation process after the investigation process to the court below, and first arranged the scrap iron at the construction site before about 2 months prior to the original trial; ② D’s statement to the police officer with the same Chinese nationality, and the Defendant’s statement to the effect that “at the time when the Defendant was frighted,” but rather, it did not seem that D’s statement to the effect that “at the time when the Defendant was frightd and the pipe was consistentlyd.”

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