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(영문) 대전지방법원 2015.06.12 2014노3151
폭력행위등처벌에관한법률위반(공동상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In regard to the mistake of facts and misapprehension of the legal principle (not guilty part of the judgment of the court below), Defendant B strongly resisted the police officers who control the suppression of the shouldered soldiers, at least had dolusence, and the Defendants committed assault against the police officers at the same time and at the same time committed assault to the same opportunity at the same place, and thus constitutes joint injury.

B. The sentencing of the lower court on unreasonable sentencing (Defendant A: one year and six months of imprisonment, three years of the suspended sentence, three years of the probation, 80 hours of the community service order, 40 hours of the alcohol treatment, Defendant B: one year of the suspended execution, three years of the suspended execution, three years of the probation, 80 hours of the community service order, and 40 hours of the alcohol treatment) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. The summary of the facts charged in this part of the facts charged as indicated in the judgment below, the Defendants assaulted police officers at the same time and place as stated in Paragraph 2 of the facts charged in the judgment below, and jointly committed an injury to the right-hand section, etc. requiring up to two weeks medical treatment to the victim K, and committed an injury to the victim K, such as an open room of a diversified water unit requiring two weeks medical treatment.

B. The key issue is that the prosecutor of the court below prosecuted this part of the facts charged as "Article 2 (2) and (2) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act". While recognizing all of his actions, the defendant A stated that he did not memory because he did not regard the defendant B's behavior at the time, and that the defendant B attempted to commit himself, and that there was no injury to the victims. Therefore, the key issue of this part is whether the defendant B and the victim J suffered injury jointly with the defendant A, or whether the defendant sustained the injury by himself. (2) The part of the victim J's injury to the victim J is whether the victim J suffered injury or whether the defendant was the victim himself. (2) The part of the victim J's injury was in charge of the right side section 1, ② the right side section 1, the right side section 3 s

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