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(영문) 수원지방법원 2020.11.02 2020노1802
폭력행위등처벌에관한법률위반(공동상해)
Text

The prosecutor's appeal is dismissed.

Reasons

1. According to the evidence submitted by the prosecutor, the court below dismissed the defendant Eul and acquitted the defendant Eul, and erred in the misapprehension of facts and unfair sentencing, although the defendants can be found to have inflicted injury on the victim jointly with D, C, and G.

2. Determination

A. When the prosecutor changes the indictment, the indictment of this case is the primary charge, and the following is the prosecutor who changes the indictment.

C. (1) An application for changes in the indictment to add the ancillary facts as stated in paragraph (1) was filed, and the trial was added to the subject of the trial by permitting the application. However, since the prosecutor’s argument of mistake of facts and of unreasonable sentencing is still subject to the trial, I first look at this issue and then examine the ancillary facts. (b) The court below, while explaining in detail the grounds for its judgment on the primary facts of the primary facts of the offense, sentenced Defendant A public prosecution and Defendant B not guilty. Examining the evidence duly adopted and examined by the court below in light of the records, the evidence submitted by the prosecutor alone cannot be deemed to have proved that the primary facts of the offense are beyond reasonable doubt, and there is no error of misconception of facts and of unfair sentencing as otherwise alleged by the prosecutor, and there is no error of law in the judgment of the court below to the same purport. (c) The summary of the ancillary facts of the prosecutor’s judgment and the argument of unfair sentencing are without merit. (d) D) The agreement on the ancillary facts of the primary facts of the offense is made between Defendant H (42) and H.M.M.

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