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(영문) 대전지방법원 2016.09.08 2016노1613
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The part of the judgment of the court below against the defendant of the first and third-A, B, and C shall be reversed.

Reasons

1. Summary of grounds for appeal;

A. In regard to the violation of the Punishment of Violences, etc. Act (joint confinement) on September 23, 2015, the Defendant did not have been detained at the scene. Therefore, the judgment of the court below that found the Defendant guilty of this part of the charges is erroneous in the misapprehension of legal principles. 2) In relation to the special injury under Article 258-2 (1) of the Criminal Act (special injury) established after the Defendant’s crime, the court below did not apply Article 258-2 (1) of the Criminal Act (special injury). 2) Although the Defendant’s act could not be deemed to have suffered injury, such as the influence in the number of days of treatment, due to the Defendant’s act, the victim cannot be said to have suffered injury, such

3) With respect to the violation of the Punishment of Violences, etc. Act (joint intimidation), there was no statement as stated in this part of the facts charged, and even if such statement was made on domestic affairs, it shall be deemed that the victim did not have any intention to threaten the victim jointly with H, and thus, the victim did not want to punish the defendant before the judgment of the court below. As long as the victim expressed his intention to not want to punish the defendant before the judgment of the court below, this part of the judgment below which found the defendant guilty of this part of the facts charged against the defendant is erroneous in misunderstanding of facts and misunderstanding of legal principles.

2. Judgment on the mistake of facts and misapprehension of legal principles by the defendant

A. As to the first offense of violation of the Punishment of Violences, etc. Act (joint confinement) on September 23, 2015, the crime of confinement is a crime that makes it impossible or extremely difficult for a person to move into a specific area with the freedom of action of the person as the protected legal interest. Such a crime is a specific district by the same person.

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