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(영문) 전주지방법원 2013.11.08 2013노941
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant, in collaboration with F, injured the victim D, and there is sufficient evidence to support it, the court below rendered a not-guilty verdict on the charge of joint injury among the facts charged against the defendant on the ground that there is no evidence to acknowledge it. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

B. The sentence imposed by the court below on the grounds of unreasonable sentencing (the fine of KRW 300,000) is too unjustifiable.

2. Determination

A. 1) On April 27, 2012, at around 21:15, the Defendant and F, on the summary of the facts charged, are insufficient to recognize that the Defendant and F, on the grounds that the victim D (the age of 28) were injured jointly with F and the victim’s damage to the victim, leading the Defendant to the Ethical road in front of his village, and the victim’s face was drinking once, and the Defendant was injured by the victim’s throth, 3 weeks after destroying the victim’s breath, f. f. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. d. k. k. k.).

Therefore, the prosecutor's argument of mistake is without merit.

B. Although the Defendant had a record of having been punished as a same kind of crime, the crime of this case can be considered in light of the background of the Defendant’s flapsing against the Defendant’s flapsing of flaps from the victim while she had flapsed with the victim.

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