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(영문) 대구지방법원 2014.01.13 2012노2931
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

1. The point of violation of the Punishment of Violences, etc. Act (a group, a deadly weapon, etc.) in the judgment of the court below and October 21, 2010, respectively.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, this part of the judgment of the court below is erroneous in matters of misconception of facts or misapprehension of legal principles (as to the acquittal part of the judgment of the court below), each violation of the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) and each violation of the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act (a collective injury or destruction of deadly weapons, etc.) on October 21, 2010, the defendants allowed the act of violence or destruction that could occur in the process of the factory occupation, which could have been sufficiently predicted during the factory occupation, and there was an implicit conspiracy and functional control over the act of injury or destruction during the factory occupation. Thus, the court below acquitted the defendants of this part of the judgment of the court below, which affected the conclusion of the judgment by misunderstanding of the facts. According to the evidence submitted by the prosecutor on October 24, 2010, the defendants did not err in the misapprehensioning of the judgment of the court below as to the remaining sentence of punishment as to the defendants.

B. Defendants 1) Violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective action, a deadly weapon, etc.) and the degree of Defendants’ behavior and participation in the process of the factory occupation.

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