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(영문) 서울중앙지방법원 2019.09.26 2018노3889
폭력행위등처벌에관한법률위반(공동상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. The summary of the grounds for appeal (the factual errors and misapprehension of legal principles) did not err by misapprehending the legal principles or by intentionally damaging the victim's bridge to the extent that the Defendants had taken the victim's bridge in order to force the suppression of force, and the video images taken as evidence of guilt were forged by the victim, and thus, the court below found the Defendants guilty of the facts charged of this case on the grounds of this error of law or misapprehension of legal principles.

2. Determination

A. Circumstances acknowledged by the entries of the trial records of the lower court and the list of evidence, which form part of the trial records of the lower court and the evidence duly adopted and examined at the lower court and the lower court. ① The Defendants consented to the second trial date of the lower court on the video CD (Evidence No. 15) recorded at the time, and accordingly, was adopted as evidence on the third trial date, and the examination of evidence was conducted by means of reproduction during the third trial date. ② The above video CD is a video file in which the police officers working for viewing took the field of this case from May 14, 2018, when the crime of this case was committed, at around three hours from May 16:0, 2018, when the victim or police officers working for public officials were investigated at the police station, and the Defendants cannot be seen to have taken advantage of any special circumstances that could objectively submit the above file to the police station, and the Defendants cannot be seen to have taken advantage of the reproduction or reproduction of the video screen.

B. The Defendants alleged joint injury.

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