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(영문) 인천지방법원 2015.09.17 2015노2785

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The judgment of the court below is reversed.

Defendant shall be punished by imprisonment for a term of one year and six months.

Of the facts charged in the instant case.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged in this case’s assertion of mistake of facts, it cannot be deemed that the injury was caused only once the victim’s face was taken by drinking, and as to the part in violation of the Punishment of Violences, etc. Act (joint injury), there was only one boom of the victim F’s cream, not joint injury with E, and the third part of the obstruction of business did not interfere with the business because there was no fact that the victim’s H entered the part. Thus, the lower court found the Defendant guilty of each of the facts charged in this case’s charges.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. According to the evidence duly adopted and examined by the court below and the court below's decision on the assertion of misunderstanding of facts as to the injury portion (1) and (3) business obstruction portion, in particular, according to the witness D and H's respective legal statements of the court below, it is sufficiently recognized that the defendant inflicted an injury on the victim D such as the injury portion in the facts charged in this case, and that the defendant interfered with the main business operated by the victim H as stated in the part concerning business obstruction portion in the facts charged in this case. Thus, the defendant'

3. (2) Judgment on the misunderstanding of facts as to the violation of the Punishment of Violences, etc. Act

A. On September 11, 2014, around 15:20 on September 15, 2014, the Defendant and E listen to the fact that the victim F (the age of 48) is able to write and rheep the sexual organs of the above D, the Defendant’s seat of the Defendant, and the Defendant and E, from “a pair well rest area,” and the number of days of treatment jointly with the Defendant and E.