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(영문) 대전지방법원 2014.08.13 2013노2596
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) is that the defendant did not assault the victim jointly with Co-Defendant A as at the time of the original trial, but otherwise, the judgment of the court below which found the defendant guilty is erroneous in misunderstanding of facts.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below are (i) the victim made a consistent statement with the victim's above statement to the effect that "the defendant was able to take bombs and take bombs in the form of bombs, and bombs and taken bombs several times," (ii) the witness I made a consistent statement with the victim's above statement to the effect that "the defendant and A used bombs and bombs and bombs of the victim," (iii) at the time of the police investigation, A made a statement to the victim that he was bombs of the victim, and the defendant used bombs and bombs of the victim, and he exchanged the victim's bombs and bombs with the victim's body, and transferred the victim's bombs and bombs between the victim and the prosecutor's body, and (iv) the defendant and the victim made a statement beyond the victim's face.

Therefore, the defendant's above assertion is not accepted.

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

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