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(영문) 인천지방법원 2018.04.19 2017노3696
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of the facts) is recognized by the Defendant, at the time and time specified in the facts charged, together with the co-defendant C and D of the original trial, as well as with the victim J (joint injury) and the fact that the Defendant inflicted injury on the victim K (injury). However, the lower court acquitted all of the facts charged, and thus, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. As to the joint injury, the lower court testified to the effect that the Defendant was unable to clearly respond to the Defendant’s assault at the lower court court’s court court’s court court’s court court’s decision, unlike the reasons indicated in its reasoning, i.e., the protocol of each statement made by J, K, and the protocol of the suspect interrogation of the Defendant, and the protocol of the suspect interrogation of the Defendant to C, which are evidence as shown in its reasoning, i.e., the facts charged, but the J and K stated to the effect that the investigation agency did not clearly respond to the Defendant’s assault at the prosecutor’s office and the court of the lower court’s decision, and C also stated to the effect that the above investigation agency did not witness the Defendant’s assault at the court’s court’s prosecutor’s investigation and the court of the lower court’s court’s decision. Rather, the witness M and N testified testified testified to the effect that they did not have the Defendant’s fighting, it is difficult to recognize that the Defendant directly

The decision was determined.

2) In relation to the injury, the court below held that K used to be an important basis for the reason that K used to be a perpetrator as a perpetrator is the clothes color and head of the body. At the time, there seems to have been several persons who suffered clothes in M et al., the head head of the defendant is not clearly distinguishable from the defendant's conduct, the head of the defendant's head is not clearly distinguishable from the defendant's conduct, the number of people who are at the time fighting or who are at the time were confused, the witness (third party) O and their conduct are the police.

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