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(영문) 부산지방법원 2014.12.12 2014노2761

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

Reasons

1. Summary of grounds for appeal;

A. In the facts charged in the case, the Defendant: (a) misjudgment of facts [2013 Godan4393] The Defendant did not inflict injury upon the victim’s head and arms due to the victim’s bucks spacks spacks spacks, and the victim’s head and arms due to the hacks spacks spack, as stated in the facts charged in the case; (b) [2014 Godan3953], as stated in paragraph (2) of the facts charged in the case, the lower court found the Defendant guilty of all the facts charged, and the lower

B. The three-year imprisonment sentence imposed by the lower court on the Defendant is too unreasonable.

2. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant, at each time and place of the instant indictment [2013 Godan4393] as stated in the facts charged, as in the case, can be sufficiently recognized as follows: (a) the victim’s bucks were fucks, and the victim’s head and arms were inflicted on the victim’s fucks with spacks, and the victim’s head and arms was inflicted on the victim’s fucks (2014 Godan3953) as stated in the facts charged in the instant indictment (2).

Therefore, the defendant's above assertion is without merit.

3. Each of the crimes of this case on the assertion of unfair sentencing is deemed to have been committed by the Defendant by intrusion upon his house, accompanied by a locked glass window and door, and thereby harshly caused the body of the victim living together with him by the camping net, etc., or by excessive restriction, etc., causing knishing the case in light of the method of crime, criminal implements, and the degree of damage to the victim, etc., the heavy and the crime is very poor. Nevertheless, it is doubtful whether the Defendant is genuine or not, and the Defendant committed an act of violence, injury, assault, damage to property damage, etc., even if he was detained in the detention house due to each of the crimes of this case, thereby disturbing the order of confinement by violating the rules without among those committed in the detention house.