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(영문) 인천지방법원 2014.09.19 2014노2219
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts or misunderstanding of legal principles 1) Although the defendants conspired in collusion with the defendants to inflict injury on G and commit assault against the victim F as an agent for a dangerous object, the court below erred by misapprehending the law on the punishment of Violences, etc. (a violation of the Act on the Punishment of Violences, etc. (a collective injury, a deadly weapon, etc.) and the violation of the Punishment of Violences, etc. (a violation of the Act on the Punishment of Violence, etc. (a collective injury, etc.) among the facts charged against the defendant B, and erred by misapprehending the legal principles on the recognition of joint principal offense (a violation of the Act on the Punishment of Violence, etc. (a collective injury, a deadly weapon, etc.) on the sole ground of the existence of disability alleged by the defendant A.

B. The sentence imposed by the lower court on the Defendants (i) on the Defendants (one year of imprisonment, two years of suspended execution, two years of probation, six months of imprisonment, two years of suspended execution) is too uneasible and unfair.

2. Determination

A. On the grounds of appeal by the prosecutor as to the acquittal portion, the gist of the facts charged is as follows: (A) the Defendant violated the Punishment of Violence, etc. Act (collectively, deadly weapons, etc.) against Defendant A; (b) the Defendant conspired with Defendant B in collusion with Defendant B on the date and time and place stated in the facts charged in the lower judgment; and (c) Defendant B committed assault against the Defendant F’s arms.

B) The above defendant Eul violated the Punishment of Violence, etc. Act (a collective injury with a deadly weapon, etc.) against the defendant Eul in collusion with the defendant Eul, and the defendant Gap suffered injury, such as the left-hand bed sloping, etc., which requires approximately four weeks of treatment to the victim G, by considering the face of the victim G one time at the time and place specified in the criminal facts as stated in the judgment of the court below. 2) The judgment of the court below is based on the following circumstances acknowledged by the records in light of the legal principles of precedents on the recognition of co-principal.

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