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(영문) 전주지방법원 2013.04.26 2013노47
폭력행위등처벌에관한법률위반(공동상해)
Text

Defendant

A All appeals filed by the Defendants and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor, in collaboration with the defendant Eul, inflicted injury upon the victim E (hereinafter "victim"), and despite sufficient evidence to support the injury, the court below acquitted the defendant Eul and acquitted the defendant Eul on the ground that there is no evidence to support it. The court below erred in the misapprehension of facts, which affected the conclusion of the judgment.

B. Although Defendant A did not inflict an injury upon the victim, the lower court accepted this part of the facts charged and convicted the Defendant. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. On April 5, 2012, at around 15:00, the Defendants: (a) the summary of the facts charged in the instant case came from the street around 15:00, around 15:00, to the time of directors; (b) Defendant B threatened the victim with the loss of his hand at least two to three times; (c) the victim was able to take a walk, and the victim’s chest part was able to take one time; and (d) Defendant A got the victim’s cell phone at the face of each of the aforementioned disputes. As such, Defendant A took the victim’s face at one time on the floor, and again took the part of the victim’s breast part at three to four times, as the victim’s breast part was qui to drinking and finger, and was found not guilty on the ground that there was insufficient evidence to acknowledge that the victim was not guilty on the part of the Defendant A and the Defendant 2.

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