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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 제주지방법원 2015.11.05 2015노394
폭력행위등처벌에관한법률위반(공동상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is that co-defendant A and B made the judgment of the court below that they assault the victim, and there is no fact that they made the victim.

Nevertheless, the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous.

2. In full view of the following circumstances revealed by the evidence duly admitted and examined by the lower court, the lower court fully recognized the Defendant’s injury inflicted upon the victim in collusion with A and B as stated in the facts charged in the instant case.

Therefore, the lower judgment that found the Defendant guilty of the facts charged in the instant case is justifiable.

In compliance with the present situation, the witness J of the court below stated that the defendant was at the time of the victim together with A and B in the court of original instance.

The J does not seem to have made a false testimony to the accused solely on the ground that he/she is a victim's fluority.

In addition, because J did not drink the alcohol at the time, it is believed that he observe and memory the content.

B. The lower court’s witness K and L also stated that three persons, including the Defendant, etc., were at the time of the victim from the investigation process to the court of the lower court.

K and L have passed the place of occurrence of this case at the time, and they seem to have been fighting because the victim seems to be too seriously suitable.

In light of the above circumstances, K and L seem to have no reason to make a false statement against the defendant.

In addition, considering the fact that K and L were together with their children at the time of the occurrence of the instant event, and the background leading up to the said place at a place that did not fall far away from the place of the instant event, it does not appear that the situation is not even where the Defendant did not distinguish whether the Defendant was merely fighting or was in the victim with A and B.

다. 나아가 K은 피고인 일행을 말리는데 피고인이 자신을 향해 주먹을 휘두르면서 덤볐다고 진술하고 있다.

As alleged by the Defendant, the Defendant told A and B.

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