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(영문) 광주지방법원 2015.11.17 2015노1014
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

In light of the defendants' partial statements, the victim's statements, etc., the body fighting between the defendants and the victim is recognized. Thus, the judgment of the court below which acquitted the defendants without further deliberation on the causal relationship between the violence of the defendants and the victim's injury, which affected the conclusion of the judgment.

Judgment

A. On March 20, 2014, at around 20:00, the Defendants: (a) in the Seo-gu Eudio underground room in Incheon, Seo-gu, Incheon; (b) the victim F (the age of 61) who used the embankment with the Defendants, as the boiler to Defendant A, were in dispute with the Defendant; (c) Defendant A was plpl up and pl up the victim’s breath, and Defendant B was spicking the victim’s breath.

As a result, the Defendants jointly inflicted an injury on the part of the victim, i.e., the so-called so-called the so-called so-called the so-called so-called the so-called so-called the so-called “abs

B. The court below found the defendant not guilty on the ground that the victim's statements in the investigative agency and the court of the court below are not consistent with the facts charged, and they are inconsistent with the statements in the court of the court below of H, J, and K, and thus they cannot be trusted, and that G's statements were merely transferred from the victim to the situation at the time, and it is difficult to believe. In full view of the evidence submitted, the above judgment of the court below is just, and the prosecutor's allegation of mistake is without merit.

3. In conclusion, the prosecutor's appeal is dismissed under Article 364 (4) of the Criminal Procedure Act on the ground that it is without merit.

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