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(영문) 전주지방법원 2013.07.19 2013노353

폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)

Text

The prosecutor's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although the defendant, who was in danger of mistake, abused the victim's head by sculing the victim's head part on one occasion with beer disease, the court below found the defendant guilty on the ground that there was no proof of crime as to the fact that the defendant abusedd the victim due to drinking, etc., while recognizing the fact that the defendant abusedd the victim due to beer disease. The court below erred in the misapprehension of facts and affecting the conclusion of the judgment.

B. The sentence imposed by the lower court on the grounds of unreasonable sentencing (hereinafter “fine 1,00,000”) is too uneased and unreasonable.

2. Determination

A. On January 24, 2012, at around 19:00 on January 24, 2012, the summary of the charge of assault, such as a group, deadly weapon, etc., the Defendant found the Defendant not guilty of this part of the charge on the grounds that there is no other evidence to acknowledge it, and that there is no other evidence to acknowledge it, the lower court acquitted the Defendant of this part of the charges on the grounds that the evidence submitted by the prosecutor alone is insufficient to recognize the fact that the Defendant gets the head part of the victim as a dangerous object, and that there is no other evidence to acknowledge it, and that there is no error in the misapprehension of facts as alleged by the prosecutor, and that there is no error in the misapprehension of facts as alleged by the prosecutor.

B. Although the defendant did not reach an agreement with the victim on the assertion of unfair sentencing, the fact that the defendant did not have any record of punishment for the same kind of crime, and that the court below recognized the criminal act that the court below found guilty, and that the defendant seriously reflects the defendant.