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(영문) 청주지방법원 2016.11.17 2016노728
폭력행위등처벌에관한법률위반(공동상해)
Text

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

Reasons

1. According to the evidence submitted by the Prosecutor’s summary of the grounds of appeal, it can be acknowledged that the Defendants jointly and severally inflicted injury on the victim several occasions as stated in the instant facts charged.

Therefore, the court below found only Defendant A (hereinafter “Defendant A”) to have inflicted an injury in consideration of the victim, and found Defendant B (hereinafter “Defendant B”) not guilty, and found Defendant A guilty only for the crime of injury and found Defendant A not guilty for the joint injury on the grounds thereof, respectively, and erred by misapprehending the facts and affecting the conclusion of the judgment.

2. Determination

A. Unless there are exceptional cases where it is deemed that maintaining the first instance judgment on the credibility of a statement made by a witness of the first instance is remarkably unfair, the appellate court shall not reverse without permission the first instance judgment on the sole ground that the first instance judgment on the credibility of a statement made by a witness of the first instance is different from that of the appellate court (see, e.g., Supreme Court Decision 2006Do4994, Nov. 24, 2006).

The court below found Defendant B not guilty, and Defendant A guilty only for the crime of injury, and found Defendant A guilty for the reason that the joint injury part is not guilty, on the ground that the victim’s statement stated that “the victim’s satisfe was satisfed by the wind, before and after the satisf by the satisf by the satisf by the wind,” and that the victim was not aware of the satisf by the satisf by himself. The evidence submitted by the prosecutor alone is insufficient to acknowledge that Defendant B was involved in the violence with Defendant A, and there is no other evidence to acknowledge it.

In light of the above legal principles, a thorough examination of the records is just and acceptable, and there is no error of misunderstanding of facts as alleged by the prosecutor.

The prosecutor's assertion is justified.

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