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(영문) 인천지방법원 2016.05.18 2015노3989
폭력행위등처벌에관한법률위반(공동상해)등
Text

The judgment below

Of them, the part on Defendant B shall be reversed.

Defendant

B A person shall be punished by imprisonment for not more than ten months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The prosecutor (misunderstanding the facts about Defendant B) consistently states the fact of damage and the statement conforms to the statements of other witnesses as well as the contents of the medical certificate. Thus, in full view of the above evidence, this part of the facts charged can be found guilty.

Nevertheless, the court below found the Defendant not guilty of this part of the facts charged, which erred by misunderstanding the facts and adversely affecting the conclusion of the judgment.

B. Defendant C1) misunderstanding of the facts or misapprehension of the legal doctrine as to Defendant C (hereinafter “Defendant C1”) was constantly attacked by A, and as a result, Defendant C was satisfyed by a continuous attacked by A, it can only be viewed as a legitimate defense to escape from such circumstances.

Nevertheless, the judgment of the court below which found A guilty of assault charges is erroneous by misapprehending the facts or by misapprehending the legal principles, which affected the conclusion of the judgment.

2) Whether Defendant C was unilaterally charged with A and consolidated with A.

There was no injury in respect of B.

Nevertheless, the judgment of the court below which found the Defendant guilty of injury to B is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

3) The punishment sentenced by the lower court to Defendant C (the penalty amounting to KRW 3,00,000) is too unreasonable.2.

Judgment

A. 1) We examine the Prosecutor’s appeal ex officio before determining the grounds for appeal on the part of the Prosecutor’s appeal.

The prosecutor filed an application for changes in the indictment with respect to the part of the facts charged that Defendant B inflicted an injury on the dangerous object in the trial of the party, "A violation of the Punishment of Violences, etc. Act (a group deadly weapon, etc.)", and the applicable legal provision "Article 3 (1) and 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" in "Article 258-2 (1) and Article 257 (1) of the Criminal Act."

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