beta
(영문) 대전지방법원 2014.09.04 2014노1688

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

Defendant

The appeal is dismissed.

Reasons

Summary of Grounds for Appeal

Of the facts charged in the judgment of the court below, there was a fact that there was a pipe harming the victims by misunderstanding that the Defendant was out of the victim E or F, among the facts charged in the judgment of the court below, but there was no injury by directly prices the victims' body due to hack pipe.

Among the facts constituting the crime in the judgment below, the injury to the victim H in part 2014Kadan1252 of the facts constituting the crime in the judgment below, while the victim fights with the victim H, the victim fights against the defendant, and the defendant does not cause the injury at the time of the victim.

The Defendant’s injury to the victim J is a fact of assaulting the victim J, but the injury suffered by the victim is minor so that it does not interfere with daily life and is naturally able to cure, and does not constitute “injury” under the Criminal Act.

In addition, although the defendant puts up the victim's J head, etc. into plastic salt, it does not constitute "hazardous goods" under Article 3 (1) of the Punishment of Violences, etc. Act.

The defendant with mental disorder was physically and mentally weak or lost at the time of committing each of the crimes in this case.

The sentence of unfair sentencing (three years of imprisonment) by the court below is too unreasonable.

Judgment

Of the facts stated in the judgment of the court below regarding the assertion of misunderstanding of facts or misapprehension of legal principles, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, i.e., victim E and F, the police, i.e., the victim E and F, with a pipe attached to the victim’s own hand while the road is in progress, and the victim E and E were faced with the victim’s arms and horses, the victim F’s arms and horses, and the victim F’s head was the victim’s disease. In addition, in light of the previous and previous circumstances, there is no particular circumstance to suspect credibility.