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(영문) 대구지방법원 2012.11.23 2012노1823
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is the fact that the defendant was on the floor of an empty small-scale disease and faced the victim, but the victim did not fit.

However, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

2. In the judgment of the court below, the following circumstances acknowledged by the evidence duly adopted and investigated at the court below: ① The victim stated that “I am all the things left behind the floor by the defendant by putting the ward on the floor by breaking the bottle; the defendant was faced with the left face. I am able to believe that the contents of the statement are specific; ② E in the investigation agency at the time, there was a dispute between the defendant and the victim, and followed again, the defendant was on the floor of the empty bottle. Although the victim did not seem to have been on the part of the victim, the victim was set up and concealed after the victim was thought that I am not on the floor. In addition, I saw that I am going through the victim’s entrance in alcohol, and most of the facts charged are consistent with the facts charged, such as the victim’s statement and the victim’s oral injury.” The victim’s first statement and the victim’s oral injury are consistent with the facts charged.

Therefore, the defendant's assertion is without merit.

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

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