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(영문) 서울고등법원 2015.01.15 2014노3024

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

Defendant

In addition, the appeal by the candidate for medical treatment and custody is dismissed.

Reasons

1. Part of the defendant's case

A. Summary of the grounds for appeal 1) A mistake of facts and a candidate for medical treatment and custody (hereinafter “defendants”).

(2) At the time of the instant case, the Defendant possessed each item for the purpose of the Security Department at the time of the Defendant’s night at the time of the instant case, but did not agree the victim’s vessel at each item or by him. However, the Defendant saw the victim’s fear that the victim might face the victim as in the example of the Defendant’s boom, and had the victim face at the victim’s hand, and had the victim avoided from the victim’s face. Nevertheless, the lower court recognized that the Defendant was aware of the victim’s head at the time of the victim’s head and the head of the boom, thereby leading the victim to the Defendant, thereby affecting the conclusion of the judgment. In so doing, the lower court erred by misapprehending the facts, thereby adversely affecting the conclusion of the judgment. 2) The lower court’s sentence of unfair sentencing (three years of suspended execution in June 1 and six, and two years of probation) is unreasonable.

B. 1) In full view of the following circumstances acknowledged by the evidence duly admitted and investigated, the lower court determined that the Defendant committed the victim as each item.

(1) The victim consistently stated at the court of the court below and the investigative agency consistent with the purport that “the defendant was in possession of each item for the purpose of running the night at night one time, was faced with the head part, was faced with the head part, and was given treatment to the hospital.”

According to each image of the recording of medical records, the body photo of the injury, and the photograph taken of the criminal implements, the victim may recognize the fact that he/she had a considerable amount of target on the body of his/her head, received a felling procedure at the hospital, and the fact that each part of the criminal attempted to commit a crime was covered and the victim was asked. The victim's statement is consistent with the victim's statement.

In addition, the victim wishes to punish the victim from the stage of investigation.