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(영문) 대구지방법원 2016.06.15 2015노4101
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

However, the above punishment for a period of two years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In light of the legal principles regarding the relationship between the Defendant and the victim, the place and cause of violence, the degree of injury, and the circumstances before and after the assault, etc., the Defendant did not appear to have caused harm to the life or body of the victim or the third party due to the instant golf wing practice’s act of selling the victim’s back water to the victim, and thus, it did not constitute “hazardous goods” but the lower court determined that the said golf wing practice was dangerous goods, and found the Defendant guilty of the instant charges. In so doing, the lower court erred by misapprehending the legal doctrine on dangerous goods, thereby adversely affecting the conclusion of the judgment.

B. The sentence sentenced by the lower court (one year and six months suspended execution of imprisonment, two years confiscated) is too unreasonable.

2. Determination

A. Prior to the judgment on the grounds for appeal by the defendant ex officio, the prosecutor examined the facts charged in the instant case in the first instance, and the prosecutor applied the applicable law to "special injury" as "Article 3 (1) and Article 2 (1) 3 of the Punishment of Violences, etc. Act and Article 257 (1) of the Criminal Act" in "Article 258-2 (1) and Article 257 (1) of the Criminal Act" and "Article 257 (1) of the Criminal Act are amended to "Article 258-2 (1) of the Criminal Act and Article 257 (1) of the same Act." In this regard, the judgment of the court below was no longer maintained.

B. In the judgment of the court below on the assertion of misunderstanding legal principles, the defendant's assertion of misunderstanding the legal principles still exists in the judgment of the court, and thus, the defendant's assertion as to this issue is identical to the grounds for appeal of this case at the court below, and the court below stated the judgment on the defendant's assertion as to the lower part of the relevant provision of the law as to the crime that is subject to the applicable law

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