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(영문) 광주지방법원 2017.08.08 2016노3974
폭력행위등처벌에관한법률위반(공동상해)
Text

All of the appeals by prosecutors are dismissed.

Reasons

1. The summary of the grounds for appeal that Defendant B sustained injury to the victim, even though Defendant B and the victim jointly inflicted injury on the victim, Defendant B sustained injury on the victim.

For reasons of insufficient recognition, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment, on the grounds that Defendant B was acquitted, and thereby found Defendant A guilty.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, namely, ① the victim was assaulted by four persons working on the part of the Defendant, and the victim was sent to the toilet, and the Defendant’s first-class J was driving on the part of the Defendant at the toilet.

(2) At the time, however, the J was swned with K and L, and K and L did not see that the J did not swn the victim’s boom.

(3) In light of the fact that a witness M sent the victim a text message to the effect that one person was assaulting the victim, the evidence submitted by the prosecutor alone that Defendant B sustained the victim.

It is difficult to recognize it, and there is no other evidence to recognize it.

Therefore, prosecutor's assertion is not accepted.

3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.

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