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(영문) 전주지방법원 2013.09.27 2013노661
폭력행위등처벌에관한법률위반(공동존속상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there was no mistake of fact that the Defendants inflicted an injury on the victims, the court below accepted this part of the facts charged and convicted the Defendants. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The court below accepted this part of the facts charged and convicted the defendants, although the defendants entered the victim's house without the victim E's permission, this part of the judgment below is erroneous in the misapprehension of legal principles as to legitimate act, which affected the conclusion of the judgment. The court below erred in the misapprehension of legal principles as to legitimate act, which affected the conclusion of the judgment.

2. Determination

A. On March 4, 2012, Defendant B and C’s joint injury to a lineal ascendant on March 4, 2012, and the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court, namely, the victim E, from the investigative agency to the court of the lower court, by entering one’s house on March 4, 2012, Defendant B, C, and C, having ever gone through, scambling, scaming, scam, and scam, and suffered injury, and scaming them later (the investigation record 34, 118-120, 219-220, the trial record 64-65, the trial record), and the victim E was diagnosed as the victim’s joint investigation record and the victim’s injury on March 5, 2012 (the victim’s injury was diagnosed as the victim’s injury on March 25, 2012).

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