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(영문) 창원지방법원 2013.04.26 2012노2344
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. There is a fact that the defendant inflicted an injury on the part of the victim due to beer's disease by assaulting the victim due to drinking and beer's disease;

(Chapter 1). (b)

Even if there is no recognition of the fact that the victim was injured due to beer disease, the fact that the defendant got out of the victim is recognized, and the victim has consistently stated that the defendant got out of the floor because the circumstance of the division as mentioned above was a drinking house and thereafter he was consistently made after the defendant got out of the floor, etc., it is recognized that at least the fact that the defendant has inflicted assault on the victim and sustained the victim (Chapter 2).

Nevertheless, the court below found the defendant not guilty without recognizing the defendant's injury with a deadly weapon as well as mere bodily injury, which affected the conclusion of the judgment by misunderstanding the facts.

2. Ex officio determination

A. Prior to the prosecutor’s judgment on the grounds for appeal, the prosecutor examined ex officio prior to the judgment on the grounds for appeal by the prosecutor, and the defendant’s name of the crime (a violation of the Punishment of Violences, etc. Act (a collective injury with deadly weapons, etc.) as “injury”, and Articles 3(1) and 2(1)3 of the Punishment of Violences, etc. Act and Article 257(1) of the Criminal Act as “Article 257(1) of the Criminal Act” and “Article 257(1) of the Criminal Act” as “Article 257(1) of the Criminal Act.” The court applied for changes to the facts charged under the indictment as stated in the “Amended charges”

However, despite the above reasons for ex officio destruction, the second chapter among the grounds for appeal by the prosecutor who asserts mistake of facts against the judgment of the court below which found the defendant not guilty prior to the amendment of indictment is still subject to the judgment of this court.

B. The revised facts charged.

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