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(영문) 서울고등법원 2012.09.24 2012노1726
살인미수
Text

The part of the judgment of the court of first instance (including the part of the reasons for innocence), the part of the acquittal against the defendant L, and the judgment of the court of second instance.

Reasons

Summary of Grounds for Appeal

Defendant D’s grounds for appeal by the prosecutor’s mistake of facts or misapprehension of legal principles against Defendant D is an employee of AC’s behavior ledger that led the gathering, dormitory, etc. in preparation for fighting with a competitive criminal organization, and thus, it is unlawful for the first instance court to have judged Defendant D as simple members and not guilty of part of the violation of the Punishment of Violences, etc. Act (the composition and activity of an organization, etc.).

In relation to the case of BC assault, in a situation where only one other party to fighting is the victim BC, six members or more of the latter members of the fighting team are bound to go through the threat of force of a criminal organization to raise a right to a entertainment establishment. Therefore, it is unlawful for the first instance court to recognize the first instance court as a violation of the Punishment of Violences, etc. Act (joint assault by organizations, etc.) rather than the violation of the Punishment of Violences, etc. Act (joint

The court below found the defendant not guilty of violation of the Punishment of Violences, etc. Act (the act of violence against groups, deadly weapons, etc. of organizations, etc.) on the ground that the 80-year assistance officers, who were 80-year assistance officers, did not have any contact and do not have any contact, and committed violence against the camping net on the ground that the 80-year assistance officers, who were 80-year assistance officers, did not know about the organizational life.

Defendant

With respect to the case of assault against E and I, Defendant E and I, according to Defendant D’s instructions, collectively consisting of the AJ, BK, BL, BM, etc. and commit assault against the victim BC by force. Thus, it is unlawful for the first instance court to recognize the first instance court as a violation of the Punishment of Violences, etc. Act (joint assault by organizations, etc.) rather than a violation of the Punishment of Violences, etc. Act (joint assault by organizations, etc.).

With respect to the joint conflict between the victim CN, Defendant E and I were a member of the ACP, a criminal organization, and the principal and interest of KRW 5 million lent by CK, a husband of the victim.

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