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(영문) 서울서부지방법원 2015.03.20 2015노160
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the crime of violation of the Punishment of Violences, etc. Act (injury by a group, deadly weapon, etc.), the Defendant only told the person who was a steel product at the time of the instant case, and did not inflict an injury upon the victim E by taking into account the victim E’s left arms, etc., the lower court found the Defendant guilty as to this part of the charges by misunderstanding the facts.

B. The sentence of unfair sentencing (two-year imprisonment) of the lower court is too heavy.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated by the court below: ① At the time of the instant case, the victim E took the chair of the steel product and obstructed the Defendant’s memory or statement in the left part; ② At the time of the instant case, the witness stated that the Defendant was unable to use the steel product for his arms; ② At the time of the instant case, the witness stated that the Defendant was in his arms and sold; ③ in the first instance court, the Defendant suffered injury by taking advantage of the victim E’s left arms, etc.; ④ the Defendant made a statement that he was in large number of times of the instant case at the time of the instant case, and ④ the Defendant took advantage of the victim’s memory or witness’s testimony, compared with the statement of the victim and witness; ② the witness stated that the Defendant was in danger of causing injury to the victim’s left part, as stated in the judgment of the court below, can be acknowledged by taking into account the facts charged by the Defendant.

It is also argued that the defendant does not constitute injury as referred to in the crime of injury because the victim E did not submit a written diagnosis of injury and it is understood that he did not guide the hospital, so the defendant does not constitute injury.

However, injury in the crime of injury refers to the change of the victim's physical health condition to a poor condition and the occurrence of a disability to his/her life function, which is duly adopted and investigated by the court below.

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