beta
(영문) 수원지방법원 2015.01.08 2014노6413

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

(1) Although there are facts threatening E by the defendant, there is no fact that the defendant inflicts an injury.

E attempts to take excessive measures from the Defendant.

(2) The sentencing of the court of the first instance (the sentencing of the court of the first instance: the imprisonment of one year and six months, the fine of one million won, and the confiscation) of the court of the second instance is too unreasonable.

(F) In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the assertion of mistake of facts, it can be sufficiently recognized that the defendant injured the defendant by selling the left side of Eul on the road. Thus, this part of the defendant's assertion is without merit.

1. The victim stated at the police that “I am kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn't kn'

(Evidence No. 19). The victim's statement is credibility in light of the following: (a) the victim has made a significant detailed statement before and after the above injury; (b) there is no motive or reason to harm himself/herself or make a false statement; and (c) the victim's part damaged is one of the elbow parts of the arms.

② The J stated at the police that “The Defendant knife the knife as the victim, and the victim knife the knife with the knife as the knife of the Defendant.”

(No. 25). (3) The Defendant stated at the police that “The Victim himself knifed the knife by knife the knife” (Evidence No. 36 of the Record), and at the prosecution, the Defendant took the knife by knife the knife and knife the knife of the knife in which the knife knife knife knife knife knife knife knife knife knife knife.).”