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(영문) 대전지방법원 2016.11.03 2016노1270
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

Part concerning Defendant A and C shall be reversed.

Defendant

A Imprisonment with prison labor for one year, and for one year, for Defendant C.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding 1) Defendant A and B did not dance the hands of the victim I's body with respect to the violation of the Punishment of Violences, etc. of this case (joint injury). ② Defendant A did not commit an assault against the victim C with respect to the fact of the instant injury, but there was an error of misunderstanding of facts in the judgment of the court below convicting the Defendants of this part of the charges. 2) Although Defendant A did not actually inflict an actual injury on the victim, the court below found Defendant A guilty of this part of the charges.

B. Unfair sentencing 1) The lower court’s punishment against the Defendants (Defendant A: 8 months of imprisonment; 2 years of suspended sentence; probation; 120 hours of community service order; 5 million won of fine: Defendant C; 2 years of suspended sentence; 3 years of suspended sentence; probation; and 240 hours of community service order) is too unreasonable. 2) The lower court’s punishment against Defendant A by the Prosecutor is too unreasonable.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

A. The prosecutor shall keep the facts charged of the previous special injury in the trial against Defendant A in the name of the crime, “special intimidation” in the applicable provisions of the Act, “Articles 284 and 283(1) of the Criminal Act” in the applicable provisions of the Act, and “Defendant A” in the facts charged, within the K, operated by the victim I in the Dong-gu, Dong-gu, Chungcheongnam-gu, dong-gu, Yan-gu, Yan-gu, on April 10, 2015, after hearing the word that Defendant A would be the victim, it would be difficult for Defendant A to comply with it, “I die a young female and shot.”

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