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(영문) 대전지방법원 2014.10.29 2013노2596 (1)
폭력행위등처벌에관한법률위반(공동폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error) is that the defendant did not assault the victim jointly with co-defendant B as of the original judgment, and the judgment of the court below which found the defendant guilty is erroneous in misunderstanding of facts.

2. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below are (i) the victim made a consistent statement with the victim's above statement to the effect that "B took b, takes b, takes b, takes b, takes b, takes b, takes b, and takes b, and her chests several times," (ii) the witness I made a consistent statement with the victim's above statement to the effect that "the defendant and B did assault the victim with b, b, takes b, and taken b, do b, and took b, do b, and do so several times," and the defendant and the victim stated in the investigation agency and the court below's trial. At the time of the police investigation, the victim made a statement that "the victim b took her b's b, took b, exchanged the victim's b's b, and took b, and the defendant's body and b's face in the process of the victim's b, and the defendant and the victim made a statement beyond 3 (3).

Therefore, the defendant's above assertion is not accepted.

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

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