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(영문) 인천지방법원 2020.06.18 2019노3093
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (the factual error and the misapprehension of the legal principle) did not have any physical contact with the victim at the time of the instant case, and the court below found the Defendant guilty of the instant facts charged in violation of the rules of evidence and erred by misapprehending the legal principles as to the degree of certification required in criminal proceedings and the credibility of the statement.

2. Determination

A. The lower court acknowledged the following reasons that the Defendant carried excessive excess goods, which are dangerous objects, and used to assault the victim.

1 The victim C stated in the police investigation conducted on the day of the instant case that the Defendant had a knife and had a knife face. The main part is consistent with this court’s statement to the effect that “At the time, the Defendant appeared as a witness of this court, knife knife at the time, knife knife, knife the knife knife knife at the time, and knife knife at the newspaper, knife knife knife the other knife, and the police officer reported to the police.”

On August 30, 201, a witness D appeared at the prosecution on August 30, 201, which was the time of the instant case, and testified in detail as to witness facts to the effect that “The Defendant was able to take the knife at the newspaper where the Defendant was able to talk with the victim, and then put the knife in the newspaper where the Defendant was her left hand, and then she was able to take the knife at the close.” The witness testified in this court as to the match between the Defendant and the victim and the fact that the Defendant knifeed in the course.

The statements shall be made in detail, consistency and mutual statement.

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