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(영문) 전주지방법원 2013.10.11 2013노850

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment for one year;

Reasons

1. Summary of grounds for appeal;

A. Fact-finding or misunderstanding of legal principles 1) The Defendant did not inflict an injury upon the victim at the time of the injury, and even if it is acknowledged that the Defendant inflicted an injury upon the victim at the time of the injury, this constitutes self-defense as it is for the purpose of defending the victim’s assault, and thus constitutes self-defense. 2) The Defendant was in violation of the Punishment of Violence, etc. Act (a group, deadly weapon, etc.) committed an assault against the victim under each item, which is a dangerous object, but this constitutes self-defense.

B. The sentence imposed by the lower court (one year of imprisonment) is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds of appeal for ex officio, and the Prosecutor does not call “B police officers arresting B” in the facts charged as to the injury to public goods of this case at the trial of the Party.

Gasoline shall be dumped by dumping a fire with a dump dump and with a large volume of dump;

The judgment of the court below was no longer maintained, as the deletion of the part " was applied for changes in indictment with the deletion of the part, and as the case was changed with the permission of this court."

3. In conclusion, the above judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act without examining the grounds for appeal, and it is again decided as follows.

Criminal facts

The summary of the facts charged and the summary of the evidence admitted by the court are as follows: 6 to 7 of the facts charged in the judgment of the court below that "B does not arrest police officers";

Gasoline shall be dumped by dumping a fire with a dump dump and with a large volume of dump;

The phrase “the court below’s deletion” refers to the deletion of a part of the judgment below, which is the same as the entry in each corresponding column of the judgment below, and thus, it refers to the deletion in accordance with

Application of Statutes

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;