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(영문) 부산지방법원 2018.10.12 2018노2010
상해방조
Text

The prosecutor's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (misunderstanding of facts) The Defendant aided and aided the crime of injury of E by removing the victim’s hand who tried to defend the assault of E without any restriction on the act of E in the situation where the Defendant assaults F.

Nevertheless, the lower court erred by misapprehending the facts and adversely affecting the conclusion of the judgment, which acquitted the Defendant of the facts charged in this case.

2. Determination

A. On September 22, 2016, the Defendant: (a) around 20:40 on September 22, 2016, at the D coffee specialty store located in Busan Metropolitan City, told female-friendly E to the victim F; and (b) before that, E received text messages containing the abusives from the injured party; and (c) in assaulting the victim, such as taking her head at the time of the victim’s breath and knife and knifing the victim’s head by hand, knife the victim’s chest with one knife, etc., the Defendant upheld the victim’s resistance by having the victim’s hand knife to easily assault the victim; and (d) even after coffee knife, E, at the right time of assaulting the victim’s head with both knife, led E to the victim’s pressure against the victim’s loss.

As above, when the above E puts the victim with approximately three weeks of medical treatment, the Defendant 1 was able to facilitate the commission of the crime, and thereby, prevented the victim from committing the crime.

B. The court below's decision and the party's decision are as follows: "(1) according to the statement of F, the defendant removes only F's hand and only F's hand and the defendant removed F with his left hand, and the kn's hand seems to have been in favor of E, and as F did not appear in F's hand in the situation where F was assaulted by E, it was difficult for F to properly see the defendant's behavior, and it is reasonable to see that the defendant's behavior shown in CCTV images was removed from E and F, and 2) coffee shop.

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