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(영문) 대구지방법원 2016.09.01 2015노732
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The gist of the grounds of appeal is that the defendant did not have any fact when he was the victim as the main disease, and there is a reasonable doubt that the defendant guilty in the facts charged in the case of this case or there is any circumstance to suspect the credibility of the victim's statement, and the judgment of the court below that found the facts charged in this case and convicted the defendant

2. Prior to the judgment on the grounds for appeal ex officio, the prosecutor applied for changes in the indictment with the content that "violation of the Punishment of Violences, etc. Act (a collective injury or injury by deadly weapons, etc.)" among the names of the defendants is "special injury" and "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act" is "Article 258-2 (1) of the Criminal Act" among the applicable provisions of the Act, and since this court permitted this and changed the subject of the judgment, the judgment of the court below is no longer maintained.

However, despite the above reasons for ex officio destruction, the defendant's assertion of mistake of facts is still subject to the judgment of this court, and this is examined below.

3. Judgment on the assertion of mistake of facts

A. At around 21:00 on February 17, 2014, the Defendant heard the victim’s talks about the profit from the building rent, etc. from the victim while drinking the victim E (or 43 years of age) and talking about it at the D cafeteria located in Daegu-gu, Suwon-gu, and talking about the profit from the building, etc., and seeing the victim’s talks about the “Sado, Gama, Gama, Gaman only,” which is a dangerous object on the table that the victim is bad, and putting about two weeks of the victim’s eye and the part of the body of the body of the victim.

B. The lower court determined as follows: (a) concerning the core part of the following circumstances revealed by the evidence of the judgment, i.e., the victim was injured by the Defendant’s illness from the investigative agency to the testimony at the court:

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