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(영문) 서울남부지방법원 2013.03.22 2013노4

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. A. The prosecutor of the misapprehension of the legal principle against the Defendant, the initial name of the crime was “Violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.)” (the crime was committed by the Defendant; around 14:00 on June 18, 2012, at the roads located in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant 4 times as drinking the victim D’s face face, etc.; on the other hand, the Defendant continued to carry with him the camping net located in Aluminium located in the Defendant’s house, which is a dangerous thing at the Defendant’s house; and then, the victim’s head was displayed once again, etc.

“A public prosecution was instituted with the content of the charge, but the name of the crime was changed to “Violation of the Punishment of Violences, etc. Act (collective, deadly Weapons, etc.)” and “injury” at the lower court, and the charge was “1. In the case of an injury, the Defendant, by drinking in front of Yeongdeungpo-gu Seoul Metropolitan Government C on June 18, 2012, the victim’s face was cut off for approximately twenty-eight (28) days.

2. Violation of the Punishment of Violences, etc. Act (a collective action, deadly weapons, etc.) and the Defendant, as mentioned in the preceding paragraph, committed intimidation by the victim while entering the Defendant’s house and leaving a camping net located in Aluminium, which is a dangerous object, and making the victim flickly with the view to “bruting.”

The court below applied for the amendment of the indictment to the effect that "the contents of the indictment are changed, and the court below permitted the amendment of the indictment to the indictment. The facts charged before and after the amendment do not coincide with the basic facts, and thus the court below allowed the amendment of the indictment to be lawful. Thus, the court below erred by misapprehending the legal principles on the basic

B. The defendant is a dangerous object, such as facts constituting the crime in the judgment of the court below.