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(영문) 서울동부지방법원 2012.11.15 2012노990
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a factual error) was that the Defendant did not commit an injury by assaulting the victim E, as stated in the facts charged of this case, and did not have been able to do so under the influence of alcohol, and rather, the Defendant was subject to assault from the above E.

2. In light of the circumstances acknowledged by comprehensively taking account of the evidence duly adopted and examined in the judgment of the court below and the court below, namely, ① the victim E can sufficiently be recognized that the defendant committed the crime as stated in the judgment of the court below, and the defendant cannot be found to have committed the crime as stated in the judgment of the court below, and the defendant's statement at the investigative agency and the court of the court of the court below to the witness examination of the court of the court below is insufficient to find the above facts since it is insufficient to find the above facts since the defendant's statement at A's investigative agency and the court of the court of the court below, which made it possible for the victim to take advantage of the 112 reported phone when the victim was abused and explained his location, ② the defendant made a statement that the victim was satisfe and was pushed up with each other with the victim, ② the defendant also corresponds to part of the victim's statement (Evidence No. 12 pages of the evidence record), ③ the injury diagnosis statement corresponding to the injury in the judgment of the court of the court below.

Defendant’s assertion is without merit.

3. Therefore, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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