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(영문) 대구지방법원 2013.09.13 2013노629
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on factual errors and misapprehension of legal principles) corresponds to the case where two or more persons jointly assaulted the victim since the defendant was aware of the assault committed by C and F and used it.

2. Determination

A. As to whether the Defendant inflicted injury on D in collaboration with C, the health stand, D, “A on March 13, 2012, on the ground that the Defendant reported the sale of alcoholic beverages from Hnonode room,” and “A had no means to report the sale of alcoholic beverages from Hnode room.” On the same day, at around 22:57, the Defendant called “A” and thereafter, the Defendant was arrested by the Defendant on the part of the Defendant and the Defendant was arrested by the Defendant “(30 pages of evidence record),” and “A made a statement (30 pages of evidence record),” and “A made a statement that the Defendant did not have a singing,” and the Defendant purchased the alcoholic beverages from nearby 23:00 on the same day, and it was not sufficient to acknowledge that the Defendant was aware of the fact that the Defendant had been submitted by the prosecutor after the use of music records or other evidence (36D evidence).

B. In addition, as to whether the Defendant assaulted D jointly with F, F stated that “C or the Defendant was unable to see D” (Evidence No. 46 of the evidence record), and D initially stated at the investigative agency that “C was at the time when the Defendant was faced with her hands by her hand, and her face was taken by a male (F) who is not aware of in the room.” (Evidence No. 12, 220 of the evidence record) at the time of the fact-finding survey, at the time of the fact-finding survey, the witness opened the entrance of “F when she went out of her singing room and she tried to go out.” (Evidence No. 12, 220 of the evidence record)

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