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(영문) 부산지방법원 2015.12.10 2015노3203
폭력행위등처벌에관한법률위반(공동폭행)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal is erroneous in the misapprehension of the legal principles of "joint" as provided by the Punishment of Violences, etc. Act, and thereby adversely affecting the conclusion of the judgment.

2. Around 10:40 on April 26, 2015, the summary of the facts charged: (a) the Defendant assaulted the victim E, an employee, and the victim E, who was in company with D and drinking alcohol, on the ground that the female employees, who were in company with D and drinking alcohol, went to the room after the lapse of the time of entertainment; (b) assaulted the victim by cutting the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the breath of the 2015.

Accordingly, the defendant assaulted victims jointly with D.

3. Judgment on the prosecutor's assertion of mistake of facts

A. In full view of the following circumstances that can be acknowledged by the records of the judgment of the court below, i.e., ① the victim F made a statement to the effect that D and D were assaulted once by the Defendant’s victim E after the completion of the Defendant’s assault crime against the Defendant’s victim E in the police investigation process, ② the Defendant also made a statement to the effect that D did not constitute assaulting the victim F during the police investigation process, ③ the victim E made a statement to the effect that he was assaulted only by the Defendant during the police investigation process, and that D did not have made a statement to the effect that he was involved in the act of assaulting the victim E. The Defendant did not participate in the act of assaulting the victim, and the Defendant also did not participate in the assault against D’s victim F after a certain extent of time from the above crime.

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