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(영문) 수원지방법원 2014.12.11 2014노5084

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment below

The guilty part shall be reversed.

A defendant shall be punished by imprisonment for one year.

80,000 won from the defendant.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) The criminal facts of Paragraph (1) of the judgment of the court below do not result in injury to the victim E by carrying a small-scale disease or a shouldered small-scale disease, and the part of the criminal facts of the judgment of the court below is a crime of simple injury. Thus, this part of the crime constitutes a crime of simple injury. However, the court below erred in finding the defendant guilty of this part of the charges that the defendant carried a small-scale disease, which is a dangerous object, and committed an injury to the victim E.). However, although the defendant tried to get the victim H at the time of the case, there was no fact that the defendant tried to get the victim's head due to a two-way disease, even if the defendant tried to get the victim's head due to a two-way disease, the defendant's act cannot be deemed to have committed an assault by carrying a dangerous object by carrying the victim's head with the victim's disease. Thus, even if the defendant was found guilty prior to the dismissal of the judgment of the court below.

3) On January 1, 2014, the Defendant of Article 3-4(d) of the facts constituting the crime in the lower judgment, at the place indicated by the firstman on January 2014, 2014, is a mercopon (hereinafter “copon”).

(4) The Defendant and E, from April 2013 to April 2013, 2013, did not err in finding the Defendant guilty of this part of the facts charged, even though they did not have any misunderstanding of facts charged, and the Defendant and E, as indicated in the judgment of the court below, did not err in finding the Defendant guilty of this part of the facts charged. < Amended by Act No. 11737, Apr. 2, 2013>