폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
1. Of the lower judgment, the part of the lower judgment on the charge of special injury and bodily injury on November 15, 2015 is reversed.
In this case.
With respect to the point of injury on August 7, 2015 and the point of violence on January 3, 2016 (related to paragraphs 1 and 3 of the facts charged in this case), according to the consistent statement of the victims and the victim E’s injury photographs, the defendant may sufficiently recognize the facts of assaulting the victim E as stated in this part of the facts charged.
In addition, with respect to the special injury and injury of the victim on November 15, 2015 (related to Paragraph 2 of the facts charged in this case), the victims consistently suffered the injury by the defendant on the part of the victim D's shoulder and suffered the victims' drinking.
The statement, the injury of the victim D, which was taken after the occurrence of the instant case, is consistent with the victim's statement, and H who observed the situation at that time, deemed that the Defendant and the victim D were fighting their body.
In full view of the fact that the victims were stated in the court below's statement, even though they were not able to accurately memory the situation at the time of the court below's trial, they were the age of 73 years and the victims testified in the court below after 1 year and 3 months since the occurrence of the case, the victims' statements can be reliable, and the defendant was injured by carrying the knife, which is dangerous articles to the victims D as stated in this part of the charges, and the fact that the defendant inflicted an injury on E is sufficiently recognized
Nevertheless, the lower court rendered a not-guilty verdict on all the facts charged of this case. In so doing, it erred by misapprehending the legal doctrine, thereby affecting the conclusion of the judgment.
Judgment
An ex officio judgment prosecutor shall be conducted with respect to the special injury or injury of the person on November 15, 2015 among the facts charged in the instant case, and the name of the crime is “the injury or injury caused by violence” from “special injury” to “Article 258-2(1) of the Criminal Act” to “Article 262 of the Criminal Act” to “Article 262 of the Criminal Act” to “Article 258-2 of the Criminal Act, and the following facts charged [the grounds for the judgment newly used: the injury or injury caused by each person on November 15, 2015].