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(영문) 대전지방법원 2017.01.12 2015노3555
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

Defendant

A Imprisonment with prison labor for eight months, for defendant B, C, and D, for six months, and for defendant E.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below that found Defendant A guilty on the grounds that the statement made by the investigating agency of the victims of misunderstanding of facts is very specific and reliable, and that Defendant A's injury to the victim J was found, even if all other evidences submitted by the prosecutor were found guilty, and the remaining facts are erroneous in the misapprehension of facts.

B. Illegal sentencing (as to Defendant A), the sentence imposed by the lower court (for six months of imprisonment, two years of suspended execution, observation of protection, and community service order 80 hours) is too uneased and unreasonable.

2. A prosecutor ex officio conducts an examination of the facts charged against the Defendants (in the case of Defendant A, the primary facts charged) and the violation of the Punishment of Violences, etc. Act (joint injury). As to Defendant A and D, Articles 258-2 and 257(1) of the Criminal Act, Article 2(2)3 of the Punishment of Violences, etc. Act, Articles 257(1), 30, 37, and 38 of the Criminal Act, and Article 257(1), 257(1), 30, 37, and 38 of the Act on the Punishment of Violences, etc., and Article 2(2)3 of the Criminal Act, Article 258-2, Article 257(1), Article 257(1), Article 37 of the Criminal Act, Article 37 of the Punishment of Violences, etc., and Article 37 of the Act on the Amendment to the indictment, Article 37 of the Criminal Act, Article 5 of the same Act, and Article 37 of the Punishment of the Criminal Act.

The judgment of the court below is no longer maintained in this respect.

Defendant B violated the Punishment of Violences, etc. Act (joint injury) at the Daejeon District Court on May 19, 201.

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