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(영문) 청주지방법원 2014.09.05 2014노390
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendants (the Defendant C’s assertion of misapprehension of the legal principles as to the mistake of facts as to the act of an unfashion and an unfashioning person) purported that it is not sufficient to prove that Defendant C conspiredd with the Defendant A to make a false accusation against H or abetted the Defendant B to commit a false accusation, and thus, I would like to look at this part of the assertion of mistake of facts in the determination of the facts as to the assertion of mistake of facts as to the crime of assault by the Defendant A and B. There is no fact that the Defendants conspired to instigate the Defendants to report to the investigation agency on the false injury or to have the Defendant report false injury

In addition, since Defendant A and B were actually assaulted by H on the day of the instant case, Defendant A and B cannot be deemed to have reported false facts to the investigative agency.

B. Defendant A (the fact-finding and the assertion of unreasonable sentencing) did not intend to gather beer’s disease to go H, as stated in this part of the facts charged, nor she danced beer’s disease as stated in the part of H’s title.

Even if all facts charged against Defendant A are found guilty, the sentence imposed by the court below is too unreasonable.

C. The prosecutor (the defendant A) sentenced by the court below to the defendants (the defendant A and the defendant C: imprisonment with prison labor of one year and six months, and eight months) are deemed to be too uneasible and unfair.

2. Determination

A. Comprehensively taking account of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court with respect to the Defendants’ assertion of mistake as to the Defendants’ accusation and unfashion, the lower court may fully recognize the Defendants’ conspiracy to commit a false damage to the investigation agency as if they were assaulted by Defendant A and B, by reporting the false damage to the investigation agency or by allowing B to report the false damage to the Defendants.

Therefore, the Defendants are against the Defendants.

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