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(영문) 인천지방법원 2019.10.25 2019노1553
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The judgment of the court below which acquitted the victim of the summary of the grounds for appeal on the ground that the victim's statement has credibility and thus, it is found that the defendant inflicted injury on the victim when the victim was injured.

2. Determination

A. The judgment of the court below reversed the statement that the victim was assaulted by the evidence duly adopted and investigated by the court below, i.e., ① the victim at the time of the instant case reported 112 with the content that “the victim was assaulted by drinking boom,” and the victim was first assaulted by the police at the site B and C, and the victim did not have made any statement that he was assaulted by the defendant. After having arrived at the police station, the defendant was aware that the victim was assaulted by the victim, and the victim was asked by the victim. In light of the circumstances leading up to the reversal of the statement, the court below reversed the statement that the victim was assaulted by B and C only as stated at the time of the first police report, ② the victim was asked by the police on May 9, 2018, and the victim was asked by the victim and stated that “the victim was 2-3 or 21-20-3 or 18-20-3 or more of the victim’s chest,” and there was no further statement that the victim was “the victim’s remaining 1 or 1-20-2.”.

Statements by the victim against the defendant's act are 112 declarations, police statements.

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