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(영문) 의정부지방법원 2016.09.06 2016노1571

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The punishment of the lower court (a fine of one million won) is too unreasonable.

B. Prosecutor 1) In the instant facts charged, the charge of a special injury among the facts charged in the instant case is to be found guilty on the basis of relevant evidence, but the lower court acquitted the aforementioned facts charged, and the lower court erred by misunderstanding of facts. 2) The lower court’s judgment erred by misapprehending of the legal principles, and thus making the sentence of an unreasonable sentencing

2. Judgment on the prosecutor's assertion of mistake of facts

A. Of the facts charged in the instant case, the Defendant: (a) around June 1, 2015, at around 22:15, the Defendant: (b) stopped the FSP car owned by the Defendant on the road located in Dongducheon-si; and (c) reported that the Victim E, who was the Defendant’s wife, stopped the FSP car on the road located in Dongdu-si, and was faced with the Victim’s male employees’ pay for the car within the said car; and (d) demanded the Victim to leave the car out of the car; (c) however, the Defendant used golf bonds, which are dangerous objects in the ridge of the Defendant’s vehicle that the victim would have failed to comply with the said demand; (d) cut off the car free of the driver’s seat of the said vehicle; and (e) cut the shoulder and the shoulder, etc. of the victim, who was seated in the driver’

In this respect, the defendant carried dangerous things and carried them with the victim's in a way that the days of treatment was unfortunateed.

B. In full view of the following circumstances, the lower court determined that the evidence submitted by the prosecutor alone was insufficient to recognize the facts charged.

① The victim made a statement from the investigative agency to this court to the effect that the Defendant had sold the window on the left side of the victim’s left side by continuously 7 to 8 to 2 to 3 times after he had left the window on a golf loan, and he had left more than 7 to 8 to 2 to 3 times after having left the window.

However, according to the video taken by the defendant at the time, the defendant gets off the window of driving seat with golf bonds more than 2 to 3 times, and the window is left back, and then it is right to the chief of the protocol.