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(영문) 대전지방법원 2013.10.31 2013노370
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment of the court below is reversed.

The Defendants are not guilty. The Defendants are not guilty, and the summary of the instant judgment is publicly announced.

Reasons

Summary of Grounds for Appeal

Defendant

According to the evidence submitted by the prosecutor, the contents of the document distributed by the defendant A as stated in this part of the facts charged constitute false facts, and the defendant A also recognized facts. Even if the contents of the document are true facts, it cannot be viewed as being for the public interest, and thus, the illegality of this part of the facts charged cannot be justified. However, the judgment of the court below which acquitted the defendant as to this part of the facts charged, is erroneous in the misapprehension of facts and affected

According to the evidence submitted by the prosecutor that violated the Punishment of Violences, etc. Act (joint injury) by the Defendants, despite the fact that the Defendants jointly inflicted an injury on the victim as stated in this part of the facts charged, the judgment of the court below which acquitted the Defendants of this part of the facts charged, is erroneous by misapprehending the facts and affecting the conclusion of

Judgment

Before the judgment on the grounds for appeal against the Defendants by the prosecutor ex officio, the Prosecutor applied for changes in the indictment on the charge of violation of the Punishment of Violences, etc. Act (joint injury) against the Defendants as follows. This Court permitted this, thereby changing the subject of the judgment on this part. The judgment of the court below was no longer maintained in this respect.

(1) Of the judgment of the court below, the part concerning Defendant A among the facts charged as to defamation of Defendant A and the revised facts charged are concurrent crimes under the former part of Article 37 of the Criminal Act, so long as one sentence should be imposed, all of them should be reversed. However, even if there exists a ground for ex officio reversal, the Prosecutor’s assertion of mistake of facts is still subject to the judgment of this court, and this is examined

(b) the change.

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