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(영문) 대구고등법원 2016.10.06 2016노177
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the purpose of retaliation 1, 2015, the Defendant found the victim on September 10, 2015 due to the victim’s report on the crime on September 5, 2015, which led to the failure of the marital relationship, and caused assault against the victim on September 10, 2015 to recover this, but at the time the victim rejected it, the Defendant expressed labor as to the above report and expressed the victim. Nevertheless, the judgment of the court below which acquitted the Defendant on this part is erroneous in misunderstanding of facts or misunderstanding of legal principles. 2) The agreement which contains the contents of the victim’s intention not to punish the victim prior to the prosecution of this case as to the indication of the victim’s failure to prosecute the victim’s punishment was made by force and intimidation, and thus, the victim’s intention does not want the victim’s punishment on the condition that the victim’s access is prepared. However, unless the above conditions have been implemented

Nevertheless, the judgment of the court below which dismissed the prosecution of assault and intimidation included in the facts charged of this case by recognizing the victim's intention as a non-influence of punishment.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment, three years of suspended execution) is too uneased and unreasonable.

2. Determination

A. As to the allegation of misunderstanding of facts or misapprehension of legal principles, the lower court: (a) stated in Article 5-9(2) and (1) of the Act on the Aggravated Punishment, etc. of Specific Crimes that prevents the provision of a criminal investigation team, such as a complaint or accusation, the purpose of retaliation against the investigation or trial of the criminal case of the person in question or of another person; or (b) preventing the provision of a criminal investigation team, such as a complaint or accusation, a statement, testimony or submission of materials; or (c) falsely ordering the revocation of a complaint or accusation; or

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