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(영문) 청주지방법원 2014.05.23 2013노952
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for six months.

However, for one year from the date this judgment becomes final and conclusive.

Reasons

1. The main purport of the grounds of appeal is that the act of the defendant is merely an act of assault and injury, and the victim's injury is an already occurred before the defendant carries or uses a pipe or a stone, and thus it cannot be deemed that it constitutes a case where the defendant inflicts an injury by carrying a dangerous object. Therefore, the judgment of the court below is erroneous in the misapprehension of legal principles as to the crime of inflicting an injury on the victim.

2. We examine ex officio prior to the judgment on the grounds for appeal ex officio.

In the first instance trial, the prosecutor filed an application for the modification of an indictment with the content that changes the facts charged (the same as the facts charged in the original judgment) as stated in the following facts constituting the crime, and this court permitted this, and the judgment of the court below became no longer able to maintain it as it is due

3. In conclusion, the judgment of the court below is reversed ex officio pursuant to Article 364(2) of the Criminal Procedure Act, and it is again decided as follows after pleading.

Criminal facts

1. On July 12, 2013, at around 09:00, the Defendant sustained injury on one’s own sublima field located in Chungcheongbuk-gun C, Chungcheongnam-do, and at one time, the Defendant sustained injury on one’s face, namely, that the Defendant d (year 43) satisfyed the victim’s face without permission.

2. The Defendant, in violation of the Punishment of Violences, etc. Act (collectively weapons, etc.) collected the pipes (two meters in length) that are dangerous articles used as the prop of saves sublime, and tried to place the victim with a view to getting the head of the victim upon gathering the pipes (2 meters in length) at the time, place, and place mentioned in paragraph (1).

In this respect, the defendant carried dangerous objects and thereby the victim.

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