logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2016.10.28 2015노4457
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Provided, That the above punishment shall be imposed for two years from the date this judgment became final and conclusive.

Reasons

1. In light of the summary of the grounds for appeal, although the defendant's act could be evaluated as having inflicted an injury on the victims by using a motor vehicle, which is a dangerous object, the court below erred by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. When an ex officio determination prosecutor made an application for permission to amend an indictment with the content that "violation of the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.)" as "special injury", "Article 3(1) and Article 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act" as "Article 258-2(1) and Article 257(1) of the Criminal Act" among the applicable provisions of the Act, was changed to "Article 258-2(1) and Article 257(1) of the Criminal Act, and since this court's permission

However, the prosecutor's assertion of misunderstanding of facts and misapprehension of legal principles is still subject to the judgment of this court despite the above reasons for ex officio reversal, and this is examined below.

3. Judgment on the prosecutor's misconception of facts and misapprehension of legal principles

A. On May 19, 2015, the Defendant: (a) driven a CSM 7 car on May 19, 2015, and proceeded to a treatment apartment zone in front of the 31-lane north-dong, Daegu-dong; (b) there was a situation in which the victim D (55 years of age) who moved to the right side from the port side of the port side would have been able to collide with the said EM 7 car, which is a dangerous object, driving the said EM 7 car and obstructed the direction of the said taxi driving; and (c) stopped the direction of the said taxi driving by driving the said EM 7 car, which is a dangerous object, in front of the said 31-lane north-dong, Daegu-dong, Seoul-dong, at the fourth-lane speed in front of the said 31-lane.

arrow