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(영문) 창원지방법원 2013.11.21 2013노1551

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. The court below's scope of trial in this court's judgment is that the court below found the defendant not guilty as to the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc., injury by deadly weapons, etc.) and violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act (a collective, deadly weapon, etc., damage, etc.) among the charges against the defendant, and that the prosecutor appealed only from the acquittal part of the judgment below (the appeal petition submitted to this court on August 23, 2013 includes the scope of appeal in its entirety), and the grounds for appeal in the same petition of appeal include only an error of misconception of the facts of innocence among the judgment below, and the prosecutor submitted to this court on September 10, 2013 only states that the court below erred in finding the defendant not guilty as to the acquitted part of the judgment of the court below, and the crime of interference with business among the judgment below becomes final and conclusive, and only the violation of the Punishment of Violence, etc. Act (a deadly Injury, etc., etc.) and the Punishment of this Act).

(See Supreme Court en banc Decision 91Do1402 Decided January 21, 1992, Supreme Court Decision 99Do4840 Decided February 11, 200, Supreme Court Decision 2010Do10985 Decided November 25, 2010, etc.). 2. A judicial police officer of the grounds of appeal in full view of the victimF prepared immediately after the instant case, the written statement about G, and the scene and the photographs of damaged parts, etc., the fact that the victim F is injured and the victim G was damaged by the main illness, which is a dangerous object of the Defendant, can be sufficiently recognized, and rather, the victims’ respective facts of causing property damage are acknowledged in the court of the lower court.