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(영문) 창원지방법원 2015.11.05 2015노1805
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. The prosecutor of the grounds of appeal asserts that the court below acquitted the defendant on the grounds that the defendant's act of assaulting the victims or assaulting the victims is insufficient to recognize the fact, and that there is no other evidence to acknowledge it, the court below erred by misapprehending the legal principles or by misapprehending the legal principles, which affected the conclusion of the judgment.

2. The ex officio judgment prosecutor changed the term “violation of the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.)” from among the names of the crimes against the defendant in the trial room to “special assault,” and applied for permission to change the term “Article 3(1) and Article 2(1)1 of the Punishment of Violences, etc. Act and Article 260(1) of the Criminal Act” from among the applicable provisions of the Act to “Articles 261 and 260(1) of the Criminal Act,” and the judgment of the court below was no longer maintained due to the change in the subject of the judgment by the

However, even if the above ground for ex officio reversal exists, the prosecutor's assertion of mistake or misapprehension of legal principles is still subject to the judgment of this court within the scope of determining the modified facts.

3. Judgment on misconception of facts or misapprehension of legal principles

A. On August 21, 2014, the Defendant and C of the instant facts charged were drinking together at E main points located in Kimhae-si, Kimhae-si, and suggested C to call with a large voice from the victim F (the age of 22) and use the phone call from the victim F (the age of 22) to sleep the victim F’s spath, and spaw off and w off it out of the main point.

The defendant and C have accepted the proposal that "to spawn thickness" of the name in Indonesia who had drinking at the above main point while going out of the above main point, and the victim F and the one who has done so.

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