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(영문) 대전지방법원 2016.10.20 2016노78
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

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

Reasons

1. Summary of grounds for appeal;

A. The Defendant is not a victim due to piracy, but a part of the victim's complex is closely related.

B. The sentence of unfair sentencing (two years of imprisonment, three years of suspended execution) is too unreasonable.

2. A prosecutor ex officio conducted an examination of judgment on the facts charged in the instant case and changed the name of the crime concerning the bodily injury carried with a deadly weapon from "violation of the Punishment of Violences, etc. Act (a collective injury, a deadly weapon, etc.)" to "special injury," and the applicable provisions of Acts to "Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act" to "Article 258-2(1) and Article 257(1) of the Criminal Act" to "Article 257(1) of the Criminal Act."

This part of the judgment of the court below should be sentenced to a single punishment in relation to the remaining criminal facts in the judgment of the court below and the concurrent crimes in the former part of Article 37 of the Criminal Code.

However, the defendant's assertion of misunderstanding of facts is still subject to the judgment of this court, and this is to be judged below.

3. The following circumstances, which can be acknowledged by comprehensively taking account of the evidence duly adopted and examined by the court below and the court of appeal as to the assertion of mistake of facts, i.e., (i) the victim F has consistently made from the investigative agency to the court of appeal: (ii) the victim F has consistently made a statement from the investigative agency to the court of appeal that “the left hand was laid down on the buckbucks; (iii) the defendant has left the part by piracy; (iv) the victim was on the left hand, the part of the complete part, the back part, the check part, and the back part of the back part requiring treatment for about about 14 days due to the above case; (iv) the victim was on the left side and the left part of the back part, not on the buck, but on the part of the back part and the degree of the injury; and (iii) the above victim was seated at the cargo driver’s seat with a height of 2 meters.

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