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(영문) 춘천지방법원 2016.07.21 2015노686
특수상해등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for four months.

However, the above punishment shall be imposed for a period of one year from the date this judgment becomes final.

Reasons

1. Summary of grounds for appeal;

A. Fact-finding is erroneous in the judgment of the court below which acquitted the victim E of the above portion of the deadly weapons despite the fact that the Defendant, at the time of injuring the victim E, bruged two knife, which is a deadly weapon, and the victim said that “the death is discarded.”

B. The sentence of the lower court’s unfair sentencing (an order to attend a lecture for alcohol treatment of 4 months, 1 year of suspended sentence, and 40 hours) is too uneasible and unfair.

2. We examine ex officio prior to the judgment on the grounds for ex officio appeal.

In the case of this case, the prosecutor applied for the amendment of the Act on the Punishment of Violences, etc. (a group, deadly weapon, etc.) to “special injury” among the names of the crimes in this case, and “Articles 3(1), 2(1)3, and 257(1) of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act” under the applicable law, “Article 258-2(1) and Article 257(1) of the Criminal Act,” and “Article 258-2(1) of the Criminal Act, and Article 257(1) of the Criminal Act,” respectively, to which the part of the crime in this case against the victim E was modified as follows, and this court

Therefore, the judgment of the court below can no longer be maintained as the subject of the judgment is changed.

However, the prosecutor's assertion of mistake of facts is still subject to the judgment of this court.

[Revised facts charged] The defendant 2 2 cm (1 cm in length, 20 cm in length, 1 cm in length, 20 cm in length) as dangerous articles on the ground that the injured party E (56 cm) while drinking sprinks and sprinks at "D main points" located near Chuncheon-si apartment on November 28, 2014, the defendant 18:30 square meters in width, 1 cm in length, 20 cm in length, and 1 cm in length of the day) are discarded. The death is discarded.

The phrase "the victim's escape" refers to the victim's escape from drinking, and the victim's body was 5 to 6 walking on the floor, which led to the victim's escape, and the victim's body was carried with dangerous articles, and the victim was in an influence of the number of days of treatment.

3. The lower court determined as to the Prosecutor’s assertion of mistake of facts, among the facts charged in the instant case.

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