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(영문) 부산지방법원 2014.05.15 2013노2686
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals filed by the prosecutor against the Defendants are dismissed.

Reasons

1. In full view of the evidence duly adopted and examined by the court below, such as the victim and witness G made a statement that the victim would have taken a shoulder from the Defendants, and the police officer in charge who called to the site of this case stated that the victim would have taken a shoulder, etc., the court below acquitted the Defendants of this part of the facts charged, even though the fact that the victim suffered a bodily injury due to the assault by the Defendants could be sufficiently recognized, and the court below acquitted the Defendants of this part of the facts charged. The court below erred by misapprehending the facts and adversely affecting the conclusion of the judgment.

2. Determination

A. On June 27, 2012, around 23:35, the Defendants’ summary of the facts charged of the instant case sought a request to move a vehicle parked in front of the emergency room from the victim working at night guard at the pertinent E Hospital in front of the emergency room. Defendant B performed a bridge of the victim; Defendant A also performed a bridge of the victim; Defendant A performed a bridge, combined with the breath, carried the bridge of the victim; and Defendant A also went over to the victim on several occasions, and the victim caused damage to the breath of the shoulder belt and its power lines, which requires approximately 12 weeks of medical treatment.

Accordingly, the Defendants jointly inflicted an injury on the victim.

B. In full view of the evidence adopted and examined by the lower court, the lower court determined that the Defendants dump (the victim appears to have dumped and dumped with the Defendants using dubages) and the victim appears to have been on the floor in the process of responding to the dubing and corresponding to the Defendants, but the victim did not specifically state what he had been from the person on the ground floor. However, even if considering the handling of the instant case by the police officer dealing with the instant case, the victim did not specifically state what he had been on the ground floor.

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