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(영문) 대구지방법원 2015.05.01 2014노2609
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

Defendant

All appeals filed by A and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment with prison labor sentenced to Defendant A, 1 year and 6 months of probation, 3 years of probation, and 200 hours of community service is too unreasonable.

B. (1) Although it is obvious that Defendant B conspired with Defendant A to commit a crime in collusion, the court below did not recognize it and found Defendant B not guilty, which affected the conclusion of the judgment by misunderstanding the facts.

(2) The sentence imposed by the lower court on Defendant A by the lower court on Defendant A is too uneasible and unreasonable.

2. Determination:

A. (1) The prosecutor’s amendment of indictment was made at the trial of the case, while maintaining the existing facts charged as the primary facts charged, the prosecutor applied for the amendment of indictment with the addition of the ancillary facts charged as stated in the following (3), and the subject of the judgment was added by this court upon permission.

However, the prosecutor's argument of mistake of facts as to the primary facts is still subject to the judgment of this court, which is examined below.

(2) (A) The lower court’s determination on the primary facts charged is highly probable that Defendant B conspireds with Defendant A in advance to commit the instant crime, i.e., the intention, and there is suspicion that Defendant B would not win the will at the seat. However, Defendant B’s initial police statement by Defendant A to the effect that Defendant B did not go against the legal procedure and would have to go against if Defendant B complained against the actual exercise of force. (1) Defendant B would have to go against the procedure. (2) Defendant B’s initial police statement to the effect that Defendant B would go against A; (3) whether Defendant B’s act would go against A; and (4) Defendant A would have to go against the legal procedure.

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