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(영문) 대구지방법원 2013.05.28 2012노3711
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The gist of the grounds for appeal is that the Defendant was eitherF or G head debt collection at all.

Nevertheless, the judgment of the court below which convicted the charged facts of this case is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

2. The following facts are acknowledged according to the evidence duly adopted and examined by the court below.

On January 21, 2012, around 04:17, the police officer received a report that fighting had occurred in the front street located in Daegu Northern-gu D, and around 04:30 on the same day, the police officer arrived at the above site at around 04:30 on the same day, and only H, A, F, and G were tightly pushed in the site, and the Defendant did not deviate from the site.

F made a statement at the police to the effect that “I would know how I would have been surrounded by the other party (the defendant, H, and A) and would have been surrounded by that three persons,” and that “I would like to see the other party’s head in G by a person who escaped during the other party’s driving.”

G stated in the police that “the other party would not speak while making the F with the testimony.” At this time, the G stated to the effect that “at the time of arrival of a police officer, the other party (the name of the defendant was tightly pushed down and pushed down his head,” “at the time of arrival of a police officer, the Defendant did not appear to go to the district on which the police officer was boarding the patrol vehicle,” and “the principal did not drink the drinking.”

H and A stated in the police that the Defendant was unable to scam the head debt of G, and that the Defendant and the Defendant, and H were under the influence of alcohol.

The Defendant stated, at the police, that “at the time F was able to take a bath, and f was sprinking the body of F, thereby shacking the body of F,” “the alcohol was not drunk to the degree of two illness”, and “the head of G was not able to take the head of the body.”

G also in the court of the court below's decision, the head of the human body.

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