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(영문) 대법원 2017.02.15 2016도19768
상습상해등
Text

All appeals are dismissed.

Reasons

The grounds of appeal are examined.

1. As to the defendants' grounds of appeal

A. Regarding No. 1 of the grounds of appeal, the facts should be specified by specifying the time, date, place, and method of a crime (Article 254(4) of the Criminal Procedure Act). The date and time of a crime should be identified to the extent that it is possible to distinguish double prosecutions or the starting point of the period of prescription, etc., and the place should be specified to the extent that the jurisdiction of the land can be measured. The purport of requiring the specification of the facts charged by such elements is to facilitate the exercise of the defendant’s right to defense. As such, it is sufficient that the facts constituting the elements of the charges are stated to the extent that the facts constituting the elements can be distinguished from other facts in light of the nature of the facts charged, even if the date, place, etc. of the crime are not specified in the indictment, and if it is deemed that there is no hindrance to the defendant’s exercise of his right to defense, the contents of the indictment are not specified.

(2) According to the records, among the facts charged in this case, there are some parts of the time when the defendants assaulted or injured the victims. However, there are unavoidable circumstances that make it inevitable for the defendants to generally indicate the date and time in general because it is difficult to specify the date and time due to the victim's memory due to the death of a part of the victims, the passage of the time, etc.

On the other hand, there is no possibility to confuse this part of the facts charged with other facts and there is no hindrance to the defendants' exercise of their right to defense. Thus, this part of the facts charged is specified.

I would like to say.

Therefore, the judgment of the court below.

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