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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2013.07.04 2013노852
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Although the Defendants did not incur injury to the victim D or G, the lower court found the Defendants guilty of the facts charged of this case based on the testimony of the witnesses without credibility. In so doing, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. In full view of the following circumstances revealed by the evidence duly adopted and examined by the court below, the defendants' assertion of mistake of facts is without merit, since the defendants can be sufficiently recognized as stated in the judgment of the court below that they inflicted bodily injury on the victims.

① According to the photograph taken by the investigative agency on the part of the victim G’s injury, the victim G remains clearly and the upper part of the victim’s bodily injury occurred on the part of the victim G, while the victim G’s statement about his behavior at the time of the Defendants’ act and the above injury part are consistent with the victim G’s statement.

(2) Defendant A stated at the prosecutorial office that Defendant B and the victim G were flick, pushed, pushed, cut down, and exceeded the flat, while Defendant B unilaterally testified from the victims that he was assaulted by the victims, etc.

③ At the time of the instant case, H and I, who had been employed as public interest personnel, has credibility in its content by making a detailed and consistent statement from the investigative agency to the court below regarding the situation in which the Defendants committed assault against the victim G.

④ The victim G’s statement on the instant circumstances was reliable, and the victim D’s head debt incurred by Defendant B testimony was damaged by the victim D.

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