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(영문) 광주지방법원 2015.08.13 2015노1380

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등

Text

The judgment of the court below is reversed.

The punishment of the accused shall be determined by ten months of imprisonment.

provided that this ruling has become final and conclusive.

Reasons

Summary of Grounds for Appeal

A. The Defendant was unaware of the fact that there was no fact that the victim E was the victim’s flag, and the Defendant was unaware of the fact that the flag was included in the flag between the automobiles at the time.

B. The lower court’s sentence of unreasonable sentencing (ten months of imprisonment) is too unreasonable.

Judgment

A. In full view of the following circumstances recognized by the evidence duly admitted and investigated by the lower court, the Defendant’s assertion of mistake is without merit, since the fact that the Defendant was able to recognize the fact that he was frighting in the ridge of a vehicle to the victim E, and the Defendant’s assertion of mistake is without merit.

1) From the time when the first written statement was prepared on the day of the instant case, the victim consistently testified on the existence of the strong monarch, and from the time when the lower court’s decision was made, the victim stated the situation at the time when “I immediately cut the wooden monll in the middle of the car monke, which was opened by the Defendant when I am dead, and immediately cut the said monmon.”

3) All reports and reference reports prepared after the instant crime were committed (the five pages of investigation records, April 30, 2014, and April 30, 201) are supported by the victim’s statement that the victim had been accompanied by a mong photo from the Defendant, which was supported by the victim’s statement. 4) Ndo stated that the Defendant was witnessing the monmon, and that the victim’s mong was kept in the military situation room by recovering the monmon, and that the victim’s mong was kept in the military situation room.

5 At the time of the testimony that M and L, a witness, did not directly see the defendant's wooden nes, but this is from the witness.