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(영문) 대구지방법원 2013.12.13 2013노3220
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The appeal by the prosecutor and the defendant shall be dismissed.

Reasons

1. The lower court found the Defendant not guilty of the violation of the Punishment of Violences, etc. Act and the violation of the Punishment of Violences, etc. Act (joint injury) among the facts charged in the instant case, and found the Defendant not guilty of the violation of the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.).

Accordingly, the prosecutor did not appeal against the violation of the Punishment of Violences, etc. Act, and appealed only against the violation of the Punishment of Violences, etc. Act (joint injury) and the violation of the Punishment of Violences, etc. Act (a collective injury), which acquitted the defendant on the grounds of the violation of the Act (a collective injury), and the violation of the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.). The defendant appealed against the judgment of guilty portion of the charges of this case. The charges of violation of the Punishment of Violences,

Therefore, only the remaining part of the judgment of the court below excluding the violation of the Punishment of Violences, etc. Act (person who committed a crime) is subject to the judgment of this court.

2. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor (1) misunderstanding of facts, the judgment of the court below which acquitted the defendant on the ground that there is insufficient evidence as to the violation of the Punishment of Violences, etc. Act (joint injury) and the violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act).

(2) The sentence imposed by the lower court on the Defendant (one year and six months of imprisonment) is too uneased and unreasonable.

B. The punishment sentenced by the court below to the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. As a result of a thorough examination of the prosecutor’s assertion of mistake of facts, the evidence submitted by the prosecutor alone is sufficient to bring about no reasonable doubt, and the defendant needs to receive approximately six weeks’ medical treatment jointly with AL and AB.

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