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(영문) 대구지방법원 2015.02.05 2014노173
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

1. Of the acquittal portion of the lower judgment, Defendant A, B, C, D, E, F, G, H, K, L, M, N,O, P, Q, R, S, and T respectively.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor that there was a violation of the Punishment of Violence, etc. Act (a collective injury by deadly weapons, etc.) against the remaining Defendants except Defendant J and the violation of the Punishment of Violences, etc. Act (a collective injury by deadly weapons, etc.) on October 21, 2010 against the remaining Defendants except Defendant N, among the cases of misunderstanding of facts or misunderstanding of legal principles (as to the part of acquittal in the judgment of the court below), it is recognized that the Defendants could have sufficiently predicted the act of violence or destruction that may occur in the process of occupying a factory, to allow it, and to leave the factory occupation. Thus, the Defendants may be found guilty of this part of the charges on this part because there was an implicit conspiracy and functional control over the act of injury or destruction in the process of leaving the factory, and that there was a functional control over it.

The judgment of the court below which acquitted the defendant on this part of the facts charged is erroneous.

B) According to the evidence submitted by the prosecutor of the violation of the Punishment of Violences, etc. Act (collectively weapons, deadly weapons, etc., damage, etc.) as of October 24, 2010 against the Defendants among the cases No. 135, the Defendants may be found guilty of this part of the facts charged on the ground that there was an implied conspiracy and functional control over the above damaging act and functional control over the above damaging act, and the Defendants did not deviate from the conspiracy. In light of the evidence submitted by the prosecutor, the court below found the Defendants guilty of this part of the facts charged in light of the following facts: Defendant B, F, and I as of October 21, 2010 to November 3, 2010; and the evidence submitted by the prosecutor as to the violation of the Punishment of Violences, etc. Act (collectively weapons, destruction, etc., of deadly weapons, etc.) among the cases No. 135, Dec. 21, 2011 to the head of a female president or the head of a factory.

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