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(영문) 대전지방법원 2015.01.29 2014노59
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (a factual error) does not constitute an assault against A by taking advantage of the fact constituting a crime as stated in the judgment of the court below.

2. The following circumstances acknowledged by the judgment of the court below and the court below and the evidence duly admitted and examined by the court below. ① A statements from an investigative agency to the court below to the effect that the shoulder part, etc. was assaulted on two or three occasions by the defendant. ② Witness He also stated in the investigative agency and the court below that “I time several times, such as the shoulder part, etc., of the Vietnamese seafarer,” (Supplementary H means the shoulder part of the police in the court below as to the part of the defendant who assaulted the defendant at Darari, and it does not coincide with the statement of the court below at the court below as to the part of the defendant's head, but all the shoulder and head parts can be seen the same as the shoulder or head part, so it is difficult to see that the defendant made a statement to the court below to the effect that he did not have any credibility on the part of the defendant's face as stated in the judgment of the court below. However, it is hard to see that the defendant made a statement to the court below that he did not have any other criminal facts.

Therefore, the defendant's assertion of mistake is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act as it is without merit. It is so decided as per Disposition.

The judgment of the court below against the defendant.

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