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(영문) 춘천지방법원 2017.09.07 2017노260
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

Reasons

1. Summary of grounds for appeal;

A. The Defendant was unable to anticipate the occurrence of collective fighting since he was unable to hear the talk about the specific fighting from C.

In addition, the defendant's act is merely between the hospital and the hospital where the injury was caused by driving the vehicle, and there is a functional control over the defendant's act.

shall not be deemed to exist.

Nevertheless, the judgment of the court below which found all of the facts charged of this case guilty is erroneous.

B. The sentence of the lower court’s improper sentencing (eight months of imprisonment) is too unreasonable.

2. Determination

A. 1) The lower court determined that the Defendant conspired with G, H, I, F, etc. implied and orderlyly, based on the circumstances set out in its reasoning, and shared the functional act of each of the instant crimes.

The decision was determined.

2) In addition to the following circumstances acknowledged by the evidence duly admitted and investigated by the court below for the circumstances as stated by the court below for the above deliberation, the judgment of the court below is just and acceptable, and even if considering all the circumstances alleged by the defendant, there is an error of law by mistake in the facts of the court below.

subsection (b) of this section.

Therefore, we cannot accept this part of the defendant's assertion.

A) Since it was clear that G had been in the investigative agency for M to take a part in the organization of a defense room, G, including the Defendant, in order to oppose this, instructed on November 19, 2015 that the Defendant, etc., was waiting in the vehicle on which the Defendant, etc., was standing in the training place for the stadium located around 07:10-07:20 on November 19, 2015.

The statement was made by the Defendant at the time, and the place where the Defendant was waiting was located, was in a position where the staff of the Defendant was heated by possessing the hand, hump, and camping-out net, etc. In fact, C and B in the investigation agency showed that the staff of the Defendant was able to string the camping-out net, etc. in the investigation agency.

H. AA, X, L, W, N, K,O, I, and M are investigative agencies.

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