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(영문) 대구지방법원 2014.07.04 2013노3431
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that the Defendant did not inflict a bodily injury upon the victim’s head by using the main disease, and rather, the injury suffered by the victim was either broken out or faced by the hidine.

2. The judgment of the court below also asserted as the grounds for appeal, and the court below held that "the defendant's argument of the defendant" was identical to the above grounds for appeal. The court below held as follows: (i) the circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, ① the investigative agency and the court below stated that the victim suffered bodily injury by suffering from the head due to the illness; (ii) the defendant and the victim were only two persons at the scene of the case; and (iii) the victim was faced with a shoulderer disease, such as the victim's statement; (iv) the victim's bodily injury was exceeded or faced; and (v) the victim's bodily injury was not likely to occur due to the illness; and (iii) the defendant got to drink with the victim at the time.

After reaching the victim, the victim himself/herself stated that he/she was faced with the victim's head when facing the victim. However, there is no reason to see that the victim was faced with the victim's head from his/her own head, and that the victim was harming him/her by leaving his/her head from his/her own head, and there is no reason to see that the victim was harming him/her. ④ While the defendant stated that he/she did not drink at that time, the defendant stated that he/she was drinking in the same location as the defendant, but even in the field photograph at the time, he/she stated that he/she was drinking at the time, and even in the field photograph at that time, the victim was dice, and the victim was making a false statement to have the defendant subject to criminal punishment, and considering these circumstances, it is acknowledged that there is no special circumstance to see that the defendant was making a false statement to have the victim subject to criminal punishment.

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