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(영문) 창원지방법원 2014.12.18 2014노1855
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

Of them, the part against Defendant A shall be reversed.

Defendant

A Imprisonment of 2 years and 6 months and fine of 2,00,000 won.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1’s misunderstanding of facts asserts that there was an error of law that affected the conclusion of the judgment by misunderstanding the facts as follows, and Defendant A’s part part of the 2013 senior group2035th group 2035 group : (a) was in accord with Defendant B; and (b) there was no injury on Defendant B by misunderstanding the head of Defendant B.

B) Defendant A, in part 2013 Go-Ma3518, did not have any damage to the right side of the cargo of the victim I, and there was no injury to the victim K and L.) Defendant A in part 2013 Go-Ma3853, Defendant A in part 2013 Go-Ma3853, while the victim was faced with the victim’sO, the victim was faced with the main of the victim’sO, and there was no injury to the victim’sO by leaving the head of the victim’sO as the main of the victim’s disease.

2) Defendant B asserts that the sentence of unfair sentencing (one year of imprisonment and a fine of 4.7 million won) by the lower court is too unreasonable and unfair. (b) Defendant B’s misunderstanding of facts argues that the lower court erred by misapprehending the legal principles as stated in the lower court’s holding that Defendant B sustained an injury to Defendant A by carrying an empty beer disease in a way as stated in the reasoning of the lower judgment, although Defendant B was not satisfing with an empty beer’s hand and satisfing with Defendant A’s snow.

2) The lower court asserts that the sentence of unreasonable sentencing (the imprisonment of one year and six months) is too unreasonable.

2. Determination

A. On June 10, 2013, the part on Defendant A’s assertion of misunderstanding of facts) 2013, the part on 2035 (1) of this part of the facts charged, Defendant A, at around 21:40 on June 10, 2013, knew that Defendant A had resided in the 1studio located in the Gju located in the Kimhae-si Kimhae-si, the 1studio located in the Gju on June 10, 2013, with the victim B (the age 53) who had known that he had resided in the same room of the Ministry of Justice Security and Welfare Agency located in the Dong Dong-si, Changwon-si, the issue of her while drinking alcohol together with the victim B (the age 53).

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