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(영문) 춘천지방법원 2014.01.15 2013노642
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the fact-finding) states that the victim was assaulted by the defendant A from the police station to the effect that the victim was assaulted by the defendant A, and the death diagnosis and the bodily injury photograph also correspond to the above statements of the victim, and the defendant B did not interfere with the victim's operation in the court of original instance. Thus, the above defendant cannot be deemed to have a physical disability to the extent that he could not be able to trace the victim's hair, as stated in the facts charged in this case, in full view of the above facts, the court below acquitted the defendants of the facts charged in this case, even though the defendants could sufficiently recognize the fact that the victim suffered bodily injury in joint with D, as described in the facts charged in this case, and

2. Determination

A. The summary of the facts charged in the instant case is Defendant A and E’s children, and Defendant B are those who are D’s words.

At around 04:40 on August 2, 2012, the Defendants: (a) committed assaulting the victim, including the victim’s hair, cutting off, knee, kneeing, kneeing, kneeing, kneeing, etc. of the Y and knife of the Y and knife; (b) on the ground that E and the victim G (n.e., 58 years of age) were off and was in line with D, the Defendant was in collaboration with D, and Defendant B was in line with D, knife the victim’s hair, kneing, kneeing, kneing the victim’s clothes; and (c) assaulting the victim for about 15 days, requiring the treatment of approximately 14 days.

B. The lower court determined that Defendant A was unable to smoke tobacco again because it was difficult for Defendant A to arrive at the instant site by burning the vehicle after discovering the victim for escape along with E, and due to the inconvenience that Defendant A arrived at the instant site due to the Doro that he was frightened, and that he was able to smoke again because he was fright next to the house.

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