폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Defendant
All appeals by prosecutors are dismissed.
1. Summary of grounds for appeal;
A. As to the violation of the Punishment of Violences, etc. Act (a collective injury with deadly weapon, etc.), among the facts charged in the instant case, the Defendant asked the victim's right handout in the course of assaulting the victim, thereby making the victim feel a bodily injury, the first instance court acquitted the Defendant of this part of the facts charged. 2) The first instance court acquitted the Defendant of this part of the facts charged, even though it was recognized that the Defendant had inflicted a bodily injury on the victim's left hand hand handout part of the victim's hand handout. The first instance court acquitted the Defendant of this part of the facts charged.
B. The sentence imposed by the first instance court on the Defendant (unfair form of punishment) is too unreasonable.
2. Determination
A. As to the prosecutor’s assertion of mistake of facts, the first instance court acquitted the prosecutor of this part of the facts charged on the ground that it is difficult to believe and there is no other evidence to prove that the evidence corresponding to this part of the facts charged is inconsistent with the record while explaining in detail the various circumstances recognized by the “not guilty part” among the
Examining the above judgment of the court of first instance closely with the records, the prosecutor's allegation in this part is without merit.
B. As to the assertion on unfair sentencing, the Defendant recognized both the instant crime and expressed his attitude to repent his mistake as his own name, and the Defendant’s father and E did not put his house in place any particular damage due to his failure to do so, including the Defendant’s her birth, the Defendant’s family members, including E, appeal the Defendant’s prior wife against the Defendant, and the Defendant’s children to support are recognized.
On the other hand, the defendant found in his house for the reason that there was a strong appraisal about E, and caused gasoline to spread in his ward, and caused a knife to the victim.