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(영문) 서울서부지방법원 2014.04.18 2014노48

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact-finding, the defendant did not have the head of the victim due to a fluoral disease, and the fluoral disease, which was caused by the loss of the victim's head, became suitable for the victim's head, and the judgment of the court below which found the defendant guilty was erroneous.

B. The sentence of unfair sentencing (two years of suspended sentence on the one year and six months of imprisonment) of the lower court is too heavy.

2. Determination

A. In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, the body suffered by the victim is about 2 cm tear (11 pages, 32 pages of investigation records) and the body of the victim immediately after the instant case was enclosed by the hospital. The body of the victim seems to be difficult to have taken the above level of the body of the victim. ② The victim reported to the police immediately after the instant case to the police, and reported the victim's head to the police with his own body and with her own body. In full view of the following facts, the victim's statement can be trusted by the defendant, as stated in the facts of the crime of the court below, and the fact that the victim intentionally inflicted bodily injury on the victim can be acknowledged, as stated in the judgment of the court below. The above argument by the defendant is without merit.

B. The circumstances favorable to the Defendant are as follows: (a) the Defendant’s compensation for damages and agreed with the victim on the assertion of unfair sentencing; (b) the Defendant’s erroneous recognition of injury inflicted on the victim; (c) the primary offender; and (d) the Defendant’s wife’s motions; and (e) the Defendant’s motions to imprisonment with labor for the instant case may interfere with the overseas business trip that the Defendant has to engage in on the job.

However, the sentence of the court below is the lowest sentence that can be sentenced to the crime of this case, the defendant denies the crime, and others.