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(영문) 대법원 2015.11.17 2015도13078
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The appeal is dismissed.

Reasons

The grounds of appeal are examined. According to Article 12 of the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence, the court may forward the case as a home protection case, where it deems it appropriate to protect a domestic violence offender by respecting the intent of the victim as a result of examining the defendant's case against the domestic violence offender. However, all domestic violence

Considering the nature, motive, and outcome of the instant case as indicated in the record, the Defendant’s character and conduct, etc., it can be seen that the instant case is inappropriate for treating it as

Therefore, the lower court violated the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence that did not treat the instant case as a home protection case

Nor can it be deemed that there was a misunderstanding of legal principles as to the above law.

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench.

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