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(영문) 서울북부지방법원 2016.08.26 2014노1746
특수폭행등
Text

The judgment below

Defendant A, B, and D among them shall be reversed.

Defendant

The sentence against A shall be three years of imprisonment, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s misunderstanding of the facts as follows: (a) Defendant A’s misunderstanding of the victim’s head was caused by a major disease; and (b) Defendant A left the shouldered main disease immediately cited.

Defendant

Although A did not have a brut the victim's brutant disease, the lower court determined that the Defendant A bruted the victim's brut by mistake of the fact.

decent errors are found.

(2) In light of the legal principles, even if Defendant A had taken the part of the victim as such, the victim first gets the head of Defendant A to the so-called so-called the victim's head, and Defendant A came to go beyond the floor, and the victim's knife was extremely difficult and interested. As such, Defendant A's act constitutes legitimate defense, and thus, the punishment should be mitigated or exempted because it constitutes excessive defense.

(3) The punishment sentenced by the lower court to Defendant A is too unreasonable.

B. Defendant B (1) In the lower court’s misunderstanding of the facts or misapprehension of the legal doctrine, the prosecutor filed an application with Defendant B to delete the victim M’s face by drinking, so far as possible, and changed the “Defendant B used assaulting, such as plucking or plucking the victim F’s hand,” among the facts charged, to read “Defendant B used assault by Defendant B, such as plucking or plucking the victim F’s hand,” and the content of the charge was changed by the court of the lower court’s permission.

Nevertheless, the court below recognized the facts charged prior to the change that Defendant B made the victim F at the time of taking part in the victim M face, and the court below erred by misapprehending the legal principles or by misunderstanding the facts in violation of the principle of bad faith.

(2) The punishment sentenced by the lower court to Defendant B is too unreasonable.

(c)

Defendant

D. (1) Defendant D, who mispers the facts, was only a sit under the influence of alcohol at the time, and Defendant A, B, and C, who is a fluoral Gu.

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