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(영문) 창원지방법원 2014.08.21 2013노942
상해등
Text

All judgment of the court below shall be reversed.

Defendant

A As to the crimes of Nos. 3, 4, 5, 6, and 8-B of the first instance judgment.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A (1) misunderstanding of facts (A) violation of the Punishment of Violence, etc. Act (collectively weapon, etc.) against the victim N orO (Article 1 (3) of the Criminal Act) (Article 1 of the lower judgment), the lower court erred by misapprehending the fact that the lower court convicted the victim N orO of this part of the facts charged, even though the Defendant did not assault the victim N orO due to a b

(B) As to the violation of the Punishment of Violence, etc. against Victims T and S (joint confinement), the violation of the Punishment of Violences, etc. Act (a collective weapon, injury by a deadly weapon, etc.), and the Punishment of Violences, etc. Act (Article 4 and 5 of the facts of the crime of the first instance as indicated in the judgment below), the defendant did not inflict any injury by confinement or assaulting the victim T and S jointly with M, and the court below convicted him of this part of the facts of the crime, although there was no fact that the defendant inflicted any injury on the victim S due to any item, fire extinguishing machine, etc. of dangerous articles,

(C) As to the violation of the Punishment of Violence, etc. Act (joint conflict) against the victim BL (Article 2 (1) of the facts constituting the crime in the judgment of the court below), the court below erred in the misapprehension of the facts that the defendant did not jointly receive money and valuables from the victim BL, but found the defendant guilty of this part of the facts charged.

(2) Each sentence (No. 3, 4, 5, and 6 as stated in the judgment of the court of first instance) imposed by the court below in the first and second instances of unfair sentencing (No. 6 months of imprisonment, confiscation (No. 1-5), and collection of 302,00 won, and 2 months of imprisonment) on the defendant is too unreasonable.

B. As to Defendant BI (1) erroneous determination of facts (A) and violation of the Punishment of Violences, etc. (Joint Bribery) against Victim BL (Article 2(1) of the Criminal Act), the fact that the Defendant received the same money as that stated in the facts charged from the victim BL, but this is a secret term from the victim BL operating an illegal massage procedure.

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