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(영문) 광주지방법원 2014.10.30 2014노516
폭력행위등처벌에관한법률위반(공동폭행)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendants did not assault the victim E jointly.

2. The lower court determined that the Defendants could fully recognize the fact that the Defendants assaulted the Victim E based on the macro-made evidence.

Examining the evidence duly adopted and examined by the court below and the court below in light of the records, the above fact-finding and judgment by the court below are just and acceptable, and there is no error of law of misunderstanding of facts as alleged in the grounds of appeal.

In addition, the following circumstances, i.e., ① the victim E, from the investigative agency to the court of the trial, was consistently stated that the victim E was subject to an assault from the Defendants by smelling and brooming. ② The Defendants did not snick the victim E’s room (Evidence No. 69, 117 pages), and there was no smelling (Evidence No. 69, 117 pages).

(Evidence Records 68 pages, 103 pages). However, Defendant B made a statement in the police that all the goods used in the kitchen were used in relation to eating food in the above room (Evidence Records 117 pages), and even if it was found in the above room (Evidence Records 153-154 pages), the fact-finding and judgment of the court below are justifiable.

Therefore, the Defendants’ assertion is without merit.

3. In conclusion, the defendants' appeal is dismissed in accordance with Article 346 (4) of the Criminal Procedure Act, since all of the defendants' appeal is without merit. It is so decided as per Disposition.

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