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(영문) 의정부지방법원 2021.01.07 2019노3464
특수폭행
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. In light of the statements, etc. made by the victim's investigative agency on the gist of the grounds of appeal, the Defendant: (a) stored plastic waste bags containing a disease as described in the facts charged to the victim; and (b) served the victim's head as the main disease;

full recognition may be accepted.

Even if the principal of the State was the victim's head

Even if there is a lack of recognition, the court below should have convicted the victim of the reduction of the amount of plastic waste caused by the disease of the principal ex officio and assaulted the victim.

Nevertheless, the judgment of the court below that acquitted all of the facts charged of this case is erroneous by misapprehending the legal principles as to the recognition of reduction or omission, which affected the judgment.

2. We examine ex officio the grounds for appeal by the prosecutor ex officio.

In the trial of the case, the prosecutor laid down plastic garbage containing a dangerous subject matter, and assaulted the victim, such as suitable for the head of the victim, among the facts charged in the case.

“A person who assaults a plastic bris containing a dangerous element, such as throwing the victim.”

The judgment of the court below is no longer maintained inasmuch as the amendment of the Bill of Indictment was requested, and the subject of the judgment was changed by this court's permission.

However, even if there are such reasons for ex officio reversal, the prosecutor's assertion of mistake and misunderstanding of legal principles is still subject to deliberation. Therefore, this is examined in the following paragraphs.

3. Judgment on the grounds for appeal by the prosecutor

A. Victims B and C of the revised facts charged are married with each other, and the Defendant is the friendship of C.

The Defendant, at around 15:30 on June 25, 2018, filed a claim against the assault of the victim in D Apartment E, Namyang-si, Namyang-si, and caused the victim's face and part of the sawh, which is a dangerous thing with the face and part of the sawh.

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