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(영문) 대전지방법원 2013.08.22 2013노855
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. In light of the summary of the grounds for appeal (the fact-finding) E and F testimony, etc., it shall be deemed that the defendant was aware that he was involved in the act of violence, such as A, at least dolusium A, but the judgment of the court below which acquitted the defendant of the facts charged of this case is erroneous in the misapprehension of facts

2. The following additional circumstances acknowledged by the evidence duly adopted and examined by the court below: (i) at the time of the first investigation by the police, E stated that the defendant thought that he was an act to fight in relation to his behavior that he did not go behind; and (ii) changed his statement to the purport that the defendant was able to easily conduct the price act of A, resulting in more damage if the defendant did not go against himself; and (iii) the statement to reverse this E merely emphasizes only the result of his damage; and (iv) in light of the motive and circumstance that the statement was reversed, it is difficult to believe the above reversal as it is; and (v) in the court of the court of the court of the court below, the defendant was in a position more close to the Eul at the time of the case, and was in a position to make the E where he was able to speak, and the defendant was aware that he was aware that he was aware of the defendant's attitude and fighting immediately after the case, and thus, the defendant was aware of the situation that he did not directly harm the E.

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