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(영문) 서울북부지방법원 2014.04.17 2014노9
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

1. Summary of grounds for appeal;

A. The court below erred by misapprehending the legal principles as to the crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.), and acquitted the victim of this part, by misunderstanding of facts and misunderstanding of legal principles, thereby threatening the victim's boat, threatening the victim's boat, harming the victim, and harming the victim by drinking prices. This is a series of processes, and it is reasonable to punish the victim as a crime of violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.).

B. The sentence imposed by the court below on the defendant (two years of a suspended sentence in six months of imprisonment) is too uncomfortable and unfair.

2. Judgment on misconception of facts and misapprehension of legal principles

A. In light of the purpose of the Punishment of Violences Act and the purport of Article 3(1) thereof, the term “person who committed the crime by carrying a deadly weapon or other dangerous object” under Article 3(1) of the same Act refers to the case where a person carries a deadly weapon or other dangerous object under the “the intention to use” at the scene of the crime, and does not include the case where a person carries a deadly weapon or other dangerous object or carries his body, regardless of whether it is the crime. However, as long as a person possesses a dangerous object, such as a deadly weapon, etc. at the scene of the crime, or carries a body with the intent to use it at the scene of the crime, it does not require the victim to recognize the fact or have actually used it (see, e.g., Supreme Court Decisions 2007Do914, Mar. 30, 207; 2002Do1341, Jun. 14, 2002).

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