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(영문) 부산지방법원 2014.02.07 2013노3818

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

All appeals filed by the Defendants and the Prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to Defendant A1’s violation of the Punishment of Violences, etc. Act (a collective deadly weapon, injury, etc.) and the Punishment of Violences, etc. Act (a collective deadly weapon, etc.), both Defendant B and Defendant B committed a knife to the victim E and misleads the head of the victim F. The Defendant only told him, and there was no threat or injury in collusion with Defendant B. 2) The Defendant was in the state of mental and physical disorder or mental disability by drinking only at the time of the instant crime.

3) The sentence of one year and eight months, which the court below sentenced to the defendant, is too unreasonable. (b) The sentence of one year and eight months, which the court below sentenced to the defendant, is too unreasonable. (c) The sentence of one year and ten months, which the court below sentenced to the defendant, is too unreasonable. The prosecutor's (unjustifiable punishment)'s each of the above types of punishment sentenced to the defendants, which can be acknowledged by the court below and the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts on the grounds of the following circumstances. (i) The victim F made a statement that corresponds to this part of the charges from the time when the first investigative agency made the statement to the testimony at the court below, and in particular, the circumstances in which the defendant A was sent only to the defendant on the day of the crime (the victim E was called as the place to commit the crime, and the victim's speech and injury to the victims, and the contents and circumstances surrounding the victim's speech at the time of the crime and the credibility of this part after the victim's statement.