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(영문) 울산지방법원 2017.04.19 2017노369
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

However, the period of two years from the date this judgment becomes final and conclusive.

Reasons

1. The Defendant, in the course of a lawsuit, filed an appeal against the lower judgment on the grounds of mistake of facts [the victim RR, defamation part against I, and defamation due to false statement of facts around July 15, 2013, around July 29, 2013, and around July 18, 2013] and sentencing with respect to the lower court’s determination, the Defendant filed an appeal against the lower court on the grounds of unfair sentencing. The lower court accepted the Defendant’s appeal regarding defamation due to false statement of facts around July 2013, and reversed the lower judgment, and sentenced the Defendant not guilty of the charges of defamation due to false statement of facts around October, 2013, suspension of execution two years, suspension of execution order of education for sexual assault treatment of 40 hours, social service order of 80 hours, and the order of defamation on July 13, 2013.

The Defendant filed an appeal on the grounds of misunderstanding the legal principles as to the acquittal portion on the grounds of mistake of the facts in the judgment prior to remand. The court of final appeal rejected the Defendant’s assertion of misunderstanding the facts and the prosecutor’s misapprehension of the legal principles. However, as Article 45(4) of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “Revised Sexual Crimes Punishment Act”) enacted by Act No. 14412, Dec. 20, 2016 applies, the Defendant’s personal information registration period against the Defendant should be determined by the sentence of the lower judgment on whether it is unfair to determine the period under each subparagraph of Article 45(1) of the same Act by additionally examining whether the period of registration of personal information against the Defendant was more unfair, and thus, it is necessary to determine whether the short-term period of registration period was determined by the sentence of the lower court, and thus, it is reversed and remanded.

2. Summary of reasons for appeal;

A. Defendant 1) In fact, when the victim’s vehicle prior to being mistakens, the victim’s vehicle was driven at the wind, and the vehicle was driven in front of the Defendant’s vehicle.

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