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(영문) 울산지방법원 2020.01.16 2019노237
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts as to the acquittal portion of the grounds for appeal) is consistent with the victim's statement, CCTV images at the scene, and the victim's injury diagnosis statement, and it is recognized that the defendant inflicted an injury on the victim in collaboration with B. However, the court below's judgment that found this part of the facts charged as the acquittal of the reasons for

2. Determination

A. The summary of this part of the facts charged is jointly with B, while the Defendant fighting the victim E and body at a temporary location, such as the facts constituting the crime in the judgment of the court below, the Defendant was faced with a face tag, the left-hand hand box, and the left-hand hand box in need of two weeks of treatment, considering that the Defendant was going beyond the victim E and the floor of the victim E and the Defendant was taken up on the body of the victim E.

B. The judgment of the court below is based on the following circumstances, which can be seen by comprehensively taking into account the evidence duly admitted by the court below, i.e., (1) Dong fee G and F where the victim E was drinking while the defendant exceeded, but it does not appear in the form; (2) the defendant and the victim Eul continued to fight on the floor; (3) the defendant and the victim E did not confirm the body of the victim; and (4) the defendant and the victim E did not appear to have been flick on the floor; and (2) according to the whole process of the case revealed in CCTV, the defendant were flicking on the floor and flicking on the floor; (4) while the victim E did not assault the defendant's side first, and continuously used the force during the whole process; and (3) the defendant appears to have been flickly inside the victim's body, compared to the victim's body in severe condition, the victim's body appears to be flick.

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