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(영문) 서울남부지방법원 2013.04.11 2012노1818
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A shall be punished by a fine of KRW 700,000.

Defendant

A.

Reasons

1. The summary of the grounds for appeal is without merit that the Defendants committed the same crime as the facts charged in each of the instant facts charged against the Defendants.

Nevertheless, the court below convicted the Defendants of all the charges of this case. The court below erred by misunderstanding the facts and affecting the conclusion of the judgment.

2. Determination

A. (1) The evidence revealed that Defendant A violated the Punishment of Violences, etc. Act (joint withdrawal) is consistent with this part of the facts charged is indicated in the judgment of the court below, the complaint, the police statement of the J, and the investigation report (victim I’s statement part). However, at the time of the crime as described in this part of the facts charged, the detailed statement at the time of the victim I’s first witness statement (as the defendant A is a director of the hospital, it may be included in the office of the first successful bidder’s office of operation, and around 13:00, around August 29, 2011, the defendant A was entered in the office of the successful bidder’s office of the court below, and the defendant B and the third party was not aware of the fact that the defendant B and the third party was not aware of the fact charged, and the defendant B and the third party were not aware of the fact that the defendant B and the third party was not a customer, and there was no other evidence that the defendant C and the third party did not appear to be a customer.

Therefore, this part of Defendant A’s assertion is with merit.

(2) Violation of the Punishment of Violences, etc. Act (joint injury).

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