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(영문) 창원지방법원 2013.05.31 2013노216
폭력행위등처벌에관한법률위반(공동상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) In the event of a joint injury, the Defendant only made the fighting between Co-defendant A and the victim H at the time of the instant case, and did not inflict an injury on the victims in collaboration with the Defendant A.

(2) At the time of the instant case, at the time of the illegal use of guns, etc., the Defendant taken out the call gas sprayers, but there was no fact that the Defendant launched it to the face of the victims.

(3) Therefore, the court below erred by misunderstanding the facts charged and adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the Defendant (a prison term of six months, a suspended sentence of two years, a community service order of 160 hours, and confiscation of evidence No. 1) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. For the purpose of Article 2(2) of the Punishment of Violences, etc. Act, the phrase "two or more persons jointly engage in a so-called co-offender relationship between them" requires that the two or more persons jointly engage in a crime by recognizing and using another person's criminal act on the same opportunity at the same place (see Supreme Court Decision 9Do4305, Feb. 25, 2000). B. In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the above defendant jointly committed an injury to the victim. In the process, the defendant's assertion is without merit since it is sufficiently recognized that the defendant emitted gas sprayers to the victim's face. (1) In the police investigation and the court of the court of the court below, the victim H considered that "a vehicle after driving while driving a motor vehicle while driving, was talking about the low-class motor vehicle on the road, and reported it to the co-defendant 3 man, the defendant, the defendant, and the defendant 1 and the defendant 1 et al. of the court below.

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