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(영문) 대구고등법원 2020.04.09 2019노564
폭력행위등처벌에관한법률위반(단체등의구성ㆍ활동)등
Text

[Defendant A and B] The part of the first judgment on conviction against Defendant A and the part on Defendant B.

Reasons

1. Of the facts charged against Defendant A, the first instance court dismissed the prosecution against Defendant A, and convicted the remainder of the facts charged.

Accordingly, Defendant A and the Prosecutor appealed only to the guilty part of the first judgment, and thus, the dismissal part of the prosecution against Defendant A in the first judgment was separated and finalized, and excluded from the scope of the judgment of this court.

2. Summary of grounds for appeal;

A. Each sentence sentenced by the lower court (Article 1: 3 years of imprisonment and 3 months of imprisonment) is too unreasonable.

B. Each sentence sentenced by the lower court (the first sentence: imprisonment with prison labor for three years and the second sentence: imprisonment with prison labor for four months) is too unreasonable.

C. The punishment sentenced by the first instance court of Defendant K (two years of imprisonment) is too unreasonable.

1) Prosecutor 1) misunderstanding of facts and misunderstanding of legal principles [the part dismissing Defendant K’s prosecution in the first instance judgment] The police protocol against the victim FC submitted by the prosecutor as evidence is admissible as evidence, and ER has consistently made statements consistent with the victim’s initial statement. Comprehensively taking account of the above evidence, the first instance court rendered a not guilty verdict of special assault, and dismissed the public prosecution on the ground that the victim FC’s intent not to be punished was committed. The first instance judgment contains errors in the misapprehension of facts or misunderstanding of legal principles, thereby adversely affecting the conclusion of the judgment. 2) The first instance judgment of unfair sentencing on the part of the Defendants is unreasonable because the sentence against the Defendants is too uneasible.

3. Each appeal case against the judgment of the court below Nos. 1 and 2 was consolidated and tried by this court ex officio judgment against Defendant A and B.

Defendant

The first and second crimes against A and B are concurrent crimes under the former part of Article 37 of the Criminal Act and Article 38(1) of the Criminal Act.

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