beta
(영문) 광주고등법원 (전주) 2015.04.14 2015노49

폭력행위등처벌에관한법률위반(상습집단ㆍ흉기등폭행)등

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the circumstances leading up to the crime against K of the victim of mistake of mistake, the court below found the defendant not guilty of this part, which is erroneous in the misunderstanding of facts.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment, etc.) is too unjustifiable.

2. Determination

A. 1) The lower court rendered a judgment on the assertion of mistake of facts on the grounds that the evidence submitted by the prosecutor alone is insufficient to acknowledge this part of the facts charged, and that there is no other evidence to acknowledge this, acquitted the Defendant on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (the injury by clothes, etc.).

① On October 2, 2014, the Defendant was unable to resisting C, a female living together, by finding the victim on October 2, 2014. In other words, on October 3, 2014, the Defendant sought the victim’s words “1 minute rapidly as soon as possible,” and the victim rejected it. In full view of the above, the Defendant found the victim to find the victim in order to ask the victim’s whereabouts, but the victim refused it, which led to excessive display.

② There is no evidence that the Defendant mentioned the victim in the instant case at the time of the instant case.

③ The victim stated in the investigative agency that “the Defendant abused himself and made a report to the police, and thereby, he thereby inflicted any injury to retaliation,” and the husband N of the victim at that time also stated in the investigative agency that “the Defendant inflicted any injury on the victim by the Defendant was faced with the victim at the peace zone and dealt with the case in which the Defendant was faced with the victim at that time, but the victim was merely the side of the victim and N.

(4) The defendant.