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(영문) 창원지방법원 2015.06.10 2015노213

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

Summary of Grounds for Appeal

A. Defendant 1 does not have any misunderstanding of facts. Defendant 1 did not inflict any injury on the victim C. The victim’s statement is inconsistent with each other, and there is no other objective evidence, and the judgment of the court below guilty of each injury among the facts charged in the instant case, which affected the conclusion of the judgment by misunderstanding the facts. The judgment of the court below that found the Defendant guilty of each injury from among the facts charged in the instant case is erroneous. (2) The punishment of the court below (one year and six months of imprisonment, two years of probation,

B. The Prosecutor’s sentence of the lower court is too unhued and unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court and the lower court, the following circumstances are revealed. (A) The victim stated from the Defendant that the part of the tree part of the ebbrue, which was located in the part of November 2, 2012 on the 16:30th day of November 2, 2012, and that the part of the ebrue was met with the ebrue of the ebru, etc. on December 13, 2013, where there was no part on the ebrue of the ebru, etc. on December 13, 2013, and the

(3) The defendant and his defense counsel asserted that there is a violation against each other in the statement of the victim, but the victim seems to have continued to have been assaulted by the defendant. Accordingly, the victim's piracy that had been committed differently at the time of filing a complaint seems to have been considered at the time of the complaint does not seem to be difficult to believe that the victim's piracy had been committed differently. In addition, in light of the following various circumstances, the victim's statement as to the facts constituting the crime of this case cannot be deemed to have credibility in the victim's statement as to the facts constituting the crime of this case, in light of the following: < Amended by Presidential Decree No. 24204, Nov. 2, 2012; Presidential Decree No. 24079, Dec. 13, 2013>