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(영문) 대전지방법원 2015.10.08 2015노279
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All the defendant and prosecutor appeals are dismissed.

Reasons

1. The lower court dismissed the public prosecution on each of the instant facts charged, and the Defendant appealed from the lower judgment on the ground of unreasonable sentencing as to the guilty portion among the lower judgment on the ground of erroneous determination.

Therefore, since the court below's dismissal decision against the defendant is separated and confirmed as it is, the dismissal of public prosecution is excluded from the scope of this court's adjudication.

Ultimately, only the guilty portion of the judgment of the court below falls under the scope of this court's trial.

2. Summary of grounds for appeal;

A. On December 24, 2013, the Defendant: (a) 19:00 on December 24, 2013, 2013, the Defendant: (b) taken the victim’s right-of-the-counter life room F8 major living room; (c) Then, the victim’s left side bucks and walked twice each time; (d) did not inflict injury upon the victim’s left side bucks; (e) was present at the AJJ meeting outside the military unit at that time; and (e) on December 24, 2013, the Defendant was involved in the sexual shock agents event that was proceeded outside the military unit at that time; and (e) there was no fact that, regardless of the degree of coercion of the crime of coercion under Article 324 of the Criminal Act, the Defendant cannot be punished by imprisonment with prison labor and the principle of equality, regardless of the degree of the crime of coercion, and thus, did not violate the principle of punishment against the offender.

B. The prosecutor (e.g., imprisonment with prison labor for one year and six months, and two years of suspended execution) of the lower court is deemed to be too uneasible and unfair.

3. Judgment on the defendant's assertion

A. The following circumstances acknowledged by the lower court’s judgment as to the assertion of mistake of facts and the evidence duly adopted and examined by the trial court, i.e., the victim, consistently, under the influence of the Defendant’s extension to the right angle around 19:00 on December 24, 2013.

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