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(영문) 대구지방법원 2013.07.04 2013노1045
폭력행위등처벌에관한법률위반(공동협박)등
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. According to the evidence submitted by the prosecutor, the facts of mistake and misunderstanding of legal principles (the part dismissing the prosecution against Defendant A) can be acknowledged as follows: (a) Defendant A was able to take the face of Defendant A on drinking; (b) Defendant A was able to take the back of H on one occasion with beer disease, which is a dangerous thing in which Defendant A and H was wraped; (c) Defendant A also was able to take the face and body parts of H on one occasion with drinking disease; (d) Defendant A took the beer disease again; and (e) Defendant A took the beer disease once again; and (e) Defendant A inflicts an injury by carrying dangerous things in collusion with Defendant A. As to the violation of the Punishment of Violences, etc. Act (a deadly weapon, etc., a deadly weapon, etc.), Defendant A was aware of the head of the crime of Defendant A with beer disease; and (e) Defendant A did not have committed violence or assault with the head of H on one’s own disease; and (e) Defendant A cannot be found to have committed an unfair sentencing by mistake or unlawful act.

B. Each sentence sentenced by the court below to the Defendants is too unreasonable.

2. Determination

A. Defendant A1) The additional prosecutor of the ancillary facts charged against Defendant A brought in the trial for the first time, against the Punishment of Violences, etc. Act (a violation of the Punishment of Violences, etc. Act while keeping the fact of an injury caused by a collective weapon, etc. with a deadly weapon, etc. as the primary facts charged), “Joint Injury in Violation of the Punishment of Violences, etc. Act”, “Article 2(2) and (1)3 of the Punishment of Violences, etc. Act, and Article 257(1) of the Criminal Act”, “Article 2(1) of the Punishment of Violences, etc. and Article 257(1) of the Criminal Act”

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