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(영문) 대전지방법원 2015.12.18 2015노3129
폭력행위등처벌에관한법률위반(공동폭행)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, as stated in the facts charged, abused the victim jointly with F by pushing the victim’s shoulder part, such as misconception of facts (not guilty part).

Nevertheless, the judgment of the court below which acquitted this part of the facts charged is erroneous in misconception of facts.

B. The lower court’s sentencing (one million won of a fine) is too unjustifiable.

2. Judgment on the assertion of mistake of facts

A. On December 25, 201, at around 02:00 on December 25, 201, the Defendant and F, at the point of this part of the facts charged, demanded the victim E (n, 47 years of age) who is the main owner of the instant singing practice room, to escape. However, the victim’s refusal to do so, and F, as a result of the victim’s refusal, she dumbling the bat of the victim, and she dumped the victim’s bat at one time with the shoulder part of the Defendant’s shoulder part.

Accordingly, the defendant and F assaulted the victim jointly.

B. The Defendant asserts that the lower court’s determination was recognized to have enclosed with G, but did not assault E.

Comprehensively taking account of the following circumstances acknowledged by the records and pleadings of the instant case, it is insufficient to recognize the fact that the Defendant’s shouldered up with the evidence submitted by the Prosecutor alone.

1) Of the evidence submitted by the prosecutor, there is a statement in E and H investigative agency as evidence consistent with this part of the facts charged. However, E and H present in the original trial and stated that whether the Defendant committed an assault against E at the time of the instant case does not memory. 2) E are stated in the investigative agency that, in the investigation agency, F f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f f

3F is going beyond by investigative agencies, E.

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