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(영문) 광주지방법원 2017.10.11 2017노887
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Comprehensively taking account of the evidence submitted by the prosecutor to the summary of the grounds for appeal, the court below acquitted the Defendants on the facts charged in this case, although the Defendants could sufficiently recognize the fact that they inflicted bodily injury on the victim. The court below erred in the misapprehension of facts.

2. Determination

A. On September 18, 2015, the summary of this part of the facts charged follows: (a) around 20:30 on the south-gu, Gwangju; (b) on the road in front of Gwangju-gu; and (c) on the part of the victim E (77 ) the victim E (the victim E) talks with the issue of the victim’s right hand hand, and (d) Defendant B was able to take the victim’s right hand hand, and Defendant A was able to take off the victim’s left hand with the victim’s hand and saw the victim’s hand hand.

As a result, the Defendants jointly inflicted injury on the victim, such as salt, tension, etc. in a shoulder that requires approximately three weeks of treatment.

B. The lower court determined that the Defendants suffered a serious injury upon the following circumstances, i.e., (i) after the occurrence of the instant case, the victim E made a statement at the investigative agency to the effect that the Defendants were able to inflict a fluorous and fluorous injury, etc.; (ii) after the occurrence of the instant case, the victim E made a subsequent statement to the effect that the Defendants suffered a serious injury upon the Defendants, by modifying the Defendants’ attitude of and degree of harming the act of harming the Defendants, and the Defendants made a subsequent statement to the effect that the Defendants suffered a serious injury. After the lapse of time, it is difficult to obtain the reasons that the Defendants changed the contents of the statement to the effect that the Defendants suffered a more serious injury; and (iii) the victim E and

G and H stated in the investigative agency and the court below that the Defendants were unable to witness the victim E outside the church, and ③ the Defendants were injured by the victim E before the Defendants board a vehicle, or the Defendants and the victim E were physically fighting or physical.

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