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(영문) 광주지방법원 2015.04.28 2014노1049
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds of appeal reveals that although the defendant teared the part of the victim's entrance in the form of beer's disease, he was not guilty on the ground that the defendant cannot be found to have committed a crime due to beer's disease, and that the defendant was not guilty on the ground that the defendant's head's part was difficult to be deemed to use dangerous articles and is not included in the elements of the injury recognized as guilty. The judgment of the court below is erroneous in the misapprehension of legal principles and misapprehension of legal principles.

2. Determination

A. The following circumstances are acknowledged by evidence duly adopted and investigated by the court below as to whether the defendant was on the part of the victim's injury due to beer's disease, i.e., the victim E made a statement in the court of the court below to the effect that "the defendant's head from the head to the beer's disease was not memory or memoryd from the beer's disease," and the victim E made a statement to the effect that "the head to the beer's disease and the next to the beer's injury", and "the head and the next to the beer's injury" were stated in the court of the court of the court below that "the defendant made the head and the beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's bet's beer's bet's beer's bet's bet's bet's bet's bet's appearance.

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