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(영문) 서울남부지방법원 2015.06.12 2014노64

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

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 three years from the date this judgment became final and conclusive.

Reasons

The gist of the prosecutor's appeal is as follows: according to the victim and E's statement and the statement of the diagnosis of injury, etc., the defendant could be found to have inflicted an alley wound on the right side part of the victim with a monst sculner, as shown in the facts charged in this case, but the court below found only the part of the assault on the ground that there is insufficient evidence as to the above act of injury, and found the defendant guilty of the injury part

According to the evidence duly adopted and examined by the court below and the court below, 1) stated that the victim D consistently fell to the victim's main d's monst d's right fingers which the defendant d's monet to the trial of the party, 2) witness E at the investigation agency and the court below, 3) the victim made a statement corresponding to the above victim's statement as to this part at the investigation agency and the court below. 4) the above victim was provided with the corrective d's d's d's d's d's d's d's d's e's e's e's e's e's e's e's s's e's e's e's g's e's e's e's e's e's s' on the following day of the occurrence of the case, and f's e's e's g's e's e's f's e's e's e's.