폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
1. The judgment below is reversed.
2. Defendant shall be punished by a fine of KRW 1,000,000.
3. The above fine shall be imposed on the defendant.
1. The summary of the grounds for appeal is as follows: (a) although the Defendant knew of the fact that the victim was taking a window for his own car, the Defendant started the said car, which is a dangerous object and got the victim to sell it to the car.
Although the court below acquitted the defendant on the ground that there is no proof of criminal facts, the court below erred by misunderstanding the facts, which affected the conclusion of the judgment.
2. Determination
A. Before the judgment on the grounds for appeal ex officio, the prosecutor ex officio examined the case in the trial, while maintaining “violation of the Act on Special Cases concerning the Settlement of Traffic Accidents” as the primary charge in the trial of the party, as the preliminary applicable provision of law, and applied for amendments to a bill of indictment containing the facts charged as stated below as the preliminary charge. Since this court permitted this, the judgment of the court below is no longer maintained.
However, the prosecutor's assertion of misconception of facts about the primary facts is still subject to the judgment of this court, despite the above reasons for reversal of authority.
B. On September 22, 2011, at around 19:40 on September 22, 201, the Defendant, a summary of the primary facts charged, carried out a ditch by driving a D low-priced motor vehicle on the motorway located in the Jeonnju-gun C, and driving from the front line to Kim-do, using the victim F (the driver of the E-motor vehicle driving in the same direction) who is a driver of the E-motor vehicle driving in the same direction, who was the driver of the E-motor vehicle in the same direction.
In the meantime, the defendant and the victim of the chemical accident have stopped their own vehicles on the road price and caused them to pay for the trial expenses.
at the time;