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(영문) 울산지방법원 2021.01.14 2020노1347
상해등
Text

[Defendant A] The guilty part of the judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a period of one year and six months.

Reasons

1. The lower court dismissed the prosecution against Defendant A regarding the charge of assaulting the victim D among the facts charged in the instant case and sentenced Defendant A guilty of the remainder of the facts charged.

In this regard, only the defendant appealed against the guilty portion, and since the prosecutor did not appeal against the dismissal portion of the above public prosecution, the dismissal portion of the above public prosecution which the defendant and the prosecutor did not appeal was separated and finalized as it is.

Therefore, the scope of this court's judgment against the defendant is limited to the guilty part of the judgment below.

2. Summary of grounds for appeal;

A. Defendant A and C (unfair sentencing)’s punishment is too heavy.

B. As to Defendant B’s violation of the Punishment of Violences, etc. Act (joint injury) (misunderstanding of facts and misapprehension of the legal doctrine), the Defendant recognized the accomplice’s crime and committed an injury by using it to the victim, and thus, constituted a crime of violation of the Punishment of Violences, etc. Act (joint injury). However, the lower court erred by misapprehending the facts or by misapprehending the legal doctrine, thereby having acquitted the Defendant.

2) As to the act of injury (misunderstanding of facts), the victim’s statement that designated the Defendant as the perpetrator at the first site is highly reliable, and according to the statement and photograph, etc., it can be recognized that the Defendant inflicted an injury on the victim, the lower court erred by misapprehending the facts and acquitted the Defendant.

3. Judgment as to Defendant B

A. Judgment 1 on the violation of the Punishment of Violences, etc. Act (joint injury) 1) ex officio prosecutor filed an application for modification of a bill of indictment with respect to the defendant on the grounds of misconception of facts and misunderstanding of legal principles. The content is merely to specify the degree of the defendant's participation in the crime and to modify the course of the crime. The degree of the defendant's participation in the joint injury of the other co-defendants, other than the defendant, as well as the defendant

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