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(영문) 대구지방법원 2012.10.11 2012노1766
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment below

Of them, the part on Defendant E shall be reversed.

Defendant

E is not guilty. The judgment of innocence against Defendant E.

Reasons

1. Summary of grounds for appeal;

A. Defendant D, Defendant E (Definite or misunderstanding of legal principles, and unreasonable sentencing) (1) acknowledged that Defendant D brought the camping net from his own car on the day of the instant case, but since Defendant D immediately deducteded Defendant N of Mamama who brought about the camping net from his own car, there was no violence against the victims, and even if Defendant committed an assault against the victims due to the camping net, it can be deemed as excessive defense under Article 21 of the Criminal Act. Thus, even though Defendant cannot be punished as a crime of violation of the Punishment of Violences, etc. Act (collective, deadly weapons, etc.), the lower court found Defendant guilty of all the facts charged in the instant case, which erred by misapprehending the legal principles, or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment. Even if Defendant was guilty of the facts charged in the instant case, the sentence (six months) of the lower court against the Defendant is too unreasonable.

(2) Defendant E was at the site of the instant case at the time of the occurrence of the instant case, but at the time, Defendant L, N, and M in the lower judgment, in addition to Defendant A and B, the Defendant was working.

The judgment of the court below which found the Defendant guilty of all the charges of this case as a co-principal, even though the Defendant did not actively engage in assault against the victim C and D, was erroneous by misapprehending the facts or by misapprehending the legal principles, thereby affecting the conclusion of the judgment. Even if the Defendant was found guilty of the charges of this case, the sentence of the court below against the Defendant (one year and six months of imprisonment) is too unreasonable.

B. The Prosecutor’s sentence (Defendant A, B, and E) of the lower court against the above Defendants (two years of imprisonment, three years of suspended sentence, three years of suspended sentence, three years of suspended sentence, three years of suspended sentence, six months of imprisonment, and one year and six months of imprisonment) is too uneased and unfair.

2. Defendant D and E’s assertion of mistake of facts

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