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(영문) 서울남부지방법원 2015.06.18 2015노274
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for two years.

However, for three years from the date this judgment became final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Although there was no fact that a mistake of fact-finding Defendant 1 had knife and threatened with the victim’s item, the lower court found Defendant 1 guilty of this part by misunderstanding the fact. (2) The sentence imposed by the lower court of unreasonable sentencing (three years of imprisonment) is too unreasonable.

B. The above sentence imposed by the court below on the defendant is too uneasible and unfair.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the court below's decision on the defendant's assertion of mistake of facts, namely, ① the defendant's knife and threatened the victim's item, and the victim's statement in the police about the situation before and after the knife related to the knife, ② the victim stated that knife was hidden on the knife floor after the police threatened the knife with the knife, ② the police discovered the knife two knife on the knife floor of the case at the police site, ③ the victim's statement at the court below's trial had the intention to make a statement in the direction favorable to the defendant, his father, and the victim's statement at the court below seems to have been stated in the direction favorable to the defendant. Rather, the judgment of the court below which found the defendant guilty of this part of the charges is justified.

Therefore, the above assertion by the defendant and the defense counsel is without merit.

B. The instant crime against the prosecutor and the Defendant’s assertion of unreasonable sentencing is very serious in the nature of the crime of causing bodily injury by using violence, such as influoring the victim, who is a dangerous object, such as provoking stick, etc., which is a dangerous object, and the degree of damage is not easy. The instant crime appears to have suffered physical or mental pain due to such crime.

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