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(영문) 창원지방법원 2016.06.30 2015노3016

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment below

Among them, the acquitted part on the injury of the victim C with deadly weapons shall be reversed.

In this case.

Reasons

1. Summary of grounds for appeal;

A. The sentence imposed by the lower court on the Defendant (one million won a penalty) is too unreasonable.

B. In light of the circumstances leading up to the reversal of the statements made by the Defendant, etc. violating the rules of evidence by mistake and mistake of facts, the lower court rejected each statement in the investigative agency on the sole basis of the legal statements made by the Defendant and the victims, and acquitted the victims after the agreement was reached even if the Defendant sufficiently recognized that the Defendant conspireds with the Defendant and the victims of his name in distress or H (hereinafter “H”) in collusion with the victim. In so doing, the lower court erred

2) The sentence sentenced by the lower court to the Defendant is too unhued and unreasonable.

2. Determination:

A. Prior to the judgment on the grounds for an ex officio appeal, the prosecutor tried to examine the case ex officio, and the prosecutor applied the name of the crime with respect to the violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) as "special injury", and the applicable legal provision applied to "Articles 3 (1), 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" as "Articles 258-2 (1) and 257 (1) of the Criminal Act" in "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the Criminal Act," and since the court was changed to the subject of the judgment by permitting it, the part of the judgment of the court below as to the charge of causing bodily injury to the victim C (hereinafter "the point of causing bodily injury to the victim of this case") was no longer maintained.

However, despite the above reasons for reversal ex officio, the prosecutor's mistake of facts and the assertion of violation of the rules of evidence is still subject to this court's determination, and the following are examined as follows: (a) the revised facts charged and the judgment of the court below concerning the part of innocence regarding the victim D and E with deadly weapons.

B. Examining the evidence duly adopted and examined by the court below regarding the prosecutor’s mistake of facts and the assertion of violation of the rules of evidence, the evidence submitted by the prosecutor is alone.