폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
The prosecutor's appeal is dismissed.
1. Summary of prosecutor's grounds for appeal;
A. The injured party B made a statement against Defendant A that he did not memory the developments leading up to the Gbee cracked vehicle (hereinafter “instant vehicle”) driven by Defendant A, and Defendant A consistently made a statement about the following: (a) misunderstanding of facts or misunderstanding of legal principles with regard to Defendant A’s kne and proceeding with the instant vehicle.
A victim B made a specific and clear statement at an investigative agency on this part, and the lower court erred by failing to exhaust all necessary deliberations, such as failing to determine whether evidence is admissible.
In addition, even in light of the victim B's legal statement and CCTV image that the victim A had been seen as a sudden increase, the fact that the defendant A proceeded with the victim B's kneeker in front of the instant vehicle can be recognized.
Nevertheless, the court below erred by misapprehending the legal principles as to the crime of violence in violation of the Punishment of Violences, etc. Act (collectively weapon, etc.) or by misapprehending the legal principles as to the crime of violence in violation of the Punishment of Violences, etc. Act (collectively weapon, etc.).
(2) In light of the fact that Defendant A committed each of the instant crimes even though he had been sentenced to suspension of indictment on February 13, 2009 as a crime of violation of the Punishment of Violences, etc. Act (joint injury) at the Suwon District Prosecutors' Office on February 13, 2009, when Defendant A her drinking and drinking away the victim B’s face and body, he was in need of approximately 6 weeks’ treatment, and did not recover from damage. In light of the fact that Defendant A committed each of the instant crimes, the lower court’s punishment, which sentenced a community service for 2 years of suspended sentence and 160 hours in imprisonment for 8 months, is deemed unfair.
B. (1) In the case of Defendant B, the injury of Defendant A, the victim of the mistake of facts or misunderstanding of legal principles, and the injury of the 5th mad part of the upper mad part of the upper mad part of the upper mad part.