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(영문) 대전지방법원 2013.05.22 2012노2546
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

All appeals against the defendant A and the prosecutor B are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A (Definite) has no fact that the victim E faces more than once, and the fact that the police officer had a victim at the time of dispatch was merely the victim’s continued assault, but the judgment of the court below convicting the Defendant of the facts charged, which affected the conclusion of the judgment, is erroneous in the misapprehension of facts and by misapprehending the facts.

B. In light of the fact that the statements made by the victim that the victim was assaulted from the prosecutor from the investigation stage to the court below are consistent and that the witness F made a statement consistent with the victim's statement, the court below found the defendant B guilty of the charges on this part even though the court below found the defendant B guilty of the charges on this part. The court below erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. We examine the Defendant’s assertion of mistake of facts. The following circumstances acknowledged by the evidence duly examined and adopted by the court below, namely, ① the victim’s specific details of damage are consistently stated from the investigation stage to the court below’s court, ② the Defendant was taking the victim’s interest to defend the victim’s continued assault. However, the Defendant continued to catch the victim’s interest on the ground (4,5 pages of the investigation record), ③ the victim’s injury diagnosis statement issued by the victim under the medical treatment on the day of the instant case, in light of the fact that the Defendant used violence as the facts charged in the instant case, and thus, the Defendant’s allegation is without merit.

B. As to the prosecutor's assertion of mistake of facts, the summary of this part of the facts charged against Defendant B is the defendant.

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