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(영문) 창원지방법원 2016.09.22 2016노1096
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The lower court determined that, while recognizing the fact that the injured person suffered an injury in the course of a dispute over the Defendant and C, the injured person’s injury was an unexpectedly occurred in the course of the dispute over the injured person.

This is a result of rejecting the credibility of relevant evidence, such as the consistent statement of the victim that the victim suffered injuries by drinking himself/herself, and the witness G's statement, without reasonable reasons, even though it is difficult to see that the victim's injury was caused by chance without exercising the direct force of the defendant.

In addition, there is a possibility that the victim's injury may be caused by the price C, such as the judgment of the court below of the Korean Tribunal.

Even if the defendant involved is liable for the result of the injury.

I would like to say.

Therefore, the judgment of the court below which acquitted the defendant.

2. The judgment below held that: (a) the statement of the victim that the defendant made the victim's face at the time of drinking first without any particular speech or reason is not formally understood; (b) it is difficult to believe that the statement of the victim was in conflict with the witness H, J, and I; and (c) G police's statement that the defendant made at the time of the victim was difficult to believe in light of G's legal statement; (c) on the other hand, the defendant was not at the time of the victim; (d) there is credibility in each statement of H, J, I, and C to the effect that the defendant was not at the time of the victim; and (d) The victim's injury cannot be readily concluded that the injury was caused by the assault of the defendant; and (e) the victim's statement of the victim cannot be seen as being caused by the defendant's injury only by the defendant's and the victim and the victim in a series of processes of disputes between the defendant and the victim; or (e) the defendant's statement of the police at the time of the victim was made by assault and the victim.

The decision was determined.

In this regard, the judgment of the court below is examined.

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