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(영문) 창원지방법원 2015.10.29 2015노1734
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The lower judgment against the Defendants is reversed.

Defendants shall be punished by imprisonment for one year and six months.

However, the defendant.

Reasons

1. Summary of grounds for appeal;

A. Defendant A asserts that the punishment imposed by the lower court (two years of imprisonment) is too unreasonable.

B. Defendant C1 of the mistake of facts asserts that the judgment of the court below that Defendant C was erroneous by misunderstanding the facts and adversely affecting the conclusion of the judgment, although there was only a fighting match, and there was no fact that Defendant C was at the time of the victims due to beer and beer, etc., and otherwise, Defendant C was injured by the victims due to beer and beer, etc.

2. Of the facts charged in the instant case, Co-defendant B of the first instance trial applied for amendment of a bill of amendment to the indictment to the effect that the ex officio judgment prosecutor applied for amendment of the indictment to the effect that “Co-defendant B shall take the head of the victimJ one time due to beer disease, which is a dangerous object, and that the Defendant she shall take the head of the victimJ one time due to beer disease, which is a dangerous object, and that the subject of the judgment is changed by this court’s permission. Thus, the judgment of the court below is no longer maintained.

However, even if the above ground for ex officio reversal exists, Defendant C’s assertion of mistake is still subject to the judgment of this court within the scope of determining the modified facts charged, and this is examined in the following paragraphs.

3. Judgment on Defendant C’s assertion of mistake of facts

A. The revised Defendants are foreigners of Chinese nationality.

On December 25, 2014, at around 22:25, the Defendants entered the restaurant of “G” located in the window of Changwon-si, Changwon-si, together with Co-Defendant B, H, and I of the first instance trial, which is the same Chinese being the victim J (J, 35 years of age), K (K, 31 years of age), L (L, 29 years of age), M (M, 32 years of age) and the above M's female job offers-friendly names.

At that time, Co-defendant B of the first instance trial finds the victim M which had been known prior to this time, divide personnel into M and then divide it into M.

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