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(영문) 대전지방법원 2015.12.02 2015노2769
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. As to Article 1(e) of the facts charged, the Defendant unilaterally committed an assault from the Z and did not assault the Z. 2) As to Article 1(f) of the facts charged, the Defendant cited a knife and did not threaten R.

B. The sentence imposed by the lower court (two years of imprisonment) is too unreasonable.

2. A prosecutor ex officio determination of the facts charged of the crime as to paragraphs (b) and (d) of Article 1 of the Act on the Punishment of Violences, etc. (collectively Intimidation) as "special intimidation" from "violation of the Punishment of Violences, etc. Act", and "special assault" from "Violation of the Punishment of Violences, etc. Act (collectively Intimidation, etc.)" as "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act" and Article 283 (1) of the Criminal Act "Articles 284 and 283 (1) of the Criminal Act" are "Article 284 and Article 283 (1) of the Criminal Act", "Article 3 (1) and Article 2 (1) 1 of the Punishment of Violences, etc. Act, Article 260 (1) of the Criminal Act, and the judgment of the court below was modified by permitting it, and thus the judgment of the court below is no longer maintained.

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

3. Judgment on the assertion of mistake of facts

A. The Defendant in Article 1(e) of the facts charged asserts that the Defendant unilaterally suffered bodily injury from the Z and only did not assault the Z.

However, the following facts and circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., (i) the Z is consistent from the investigative agency to the court below, and (ii) the Z is causing a dispute with the Defendant’s money and the Defendant’s chest in a public place while taking the desire to satisfy, and (iii) the Defendant first pushed the Defendant’s chest.

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