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(영문) 부산지방법원 2020.09.10 2020노268
폭력행위등처벌에관한법률위반(공동상해)등
Text

All judgment of the court below shall be reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. There is no enemy who inflicts an injury on the victim I’s grandchildren on the victim’s hand knife knife of the defendant (in fact, mistake, unreasonable sentencing).

The amount of punishment of the first instance court (one year of imprisonment) shall be unreasonable.

B. The determination of the lower court’s punishment (one year of suspension of execution in April of imprisonment) of the second instance court is unreasonable.

2. Determination

A. The victim made a statement that corresponds to the facts charged in special injury at the first instance trial on the assertion of mistake of facts.

The investigative agency made a statement to B by the perpetrator, and also made a concrete statement about the reason why it reversed.

There is no reasonable ground to reject the victim's legal statement.

C, B, and D legal statements are supported by the victim's statements.

The judgment of the court of first instance, which recognized that the defendant sustained a victim's loss by knife, did not err in the misapprehension of facts, which affected the conclusion of the judgment.

B. Each of the judgments of the court below that joined the court of ex officio determination is a concurrent offense relationship under the former part of Article 37 of the Criminal Act, and thus, one of the punishments should be sentenced pursuant to Article 38(1)

The judgment of the court below cannot be maintained.

3. The judgment of the court below contains reasons for ex officio reversal.

Pursuant to Article 364(2) of the Criminal Procedure Act, all of the appeals shall be reversed, and the following judgments shall be rendered:

Criminal facts

Criminal facts and the summary of evidence recognized by this court are as shown in the corresponding column of the original judgment.

Article 369 of the Criminal Procedure Act is quoted as it is.

Application of Statutes

1. Article 2 (2) 3 of the relevant Act and Article 2 (2) of the Punishment of Violences, etc. Act as to facts constituting an offense, Article 257 (1) of the Criminal Act (the point of joint injury and the choice of imprisonment), Articles 258-2 (1) and 257 (1) of the Criminal Act, and Article 87 (3) of the Military Service Act;

1. Criminal records [protective disposition], the primary criminal reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes, cannot affect the future (Article 32 of the Juvenile Act).

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