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(영문) 대전지방법원 2013.12.11 2013노1088
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

The guilty portion shall be reversed.

A defendant shall be punished by imprisonment for six months.

provided that this ruling has become final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts (as to the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.) did not inflict any injury on C, and even if having inflicted any injury, it does not constitute an injury as an upper part to the extent that nature therapy could be possible, the court below convicted him of violating the Punishment of Violences, etc. Act (a collective injury with a deadly weapon, etc.) from among the facts charged in the instant case. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment. 2) The sentence (a prison term, 1 year and 6 months of imprisonment, 3 years of suspended execution, 1

B. According to the fact that the victim C and E consistently make a statement that the victim C and E have committed the crime of assault against the victim C in spite of the establishment of the crime of assault against the victim C in spite of the fact that the defendant had committed the crime of assault against the victim C, the court below acquitted the defendant. The judgment of the court below is erroneous in the misapprehension of facts, which affected the conclusion of the judgment.

2. Judgment on the assertion of mistake of facts

A. Defendant 1) On September 21, 2012, the Defendant: (a) around 06:50 on September 21, 2012, and around 06:50, pursuant to the F golf driving range operated by the victim C (the 55-year-old), his husband, and the FF driving range operated by C (the 62-year-old-old-old-year-old-year-old-year-old-year-old-si-old-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si-si) used to assault the Defendant by the Defendant, the said victim C, who took advantage of the defective report to the police, was in one hand of the other hand, which is a dangerous thing ( approximately 1m in length) and was in need of approximately 2 weeks of the said victim’s entrance, the lower court determined that the Defendant’s partial statement, witness E, and part of each legal statement, investigation report (Attachment, attachment, photograph).

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