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(영문) 서울중앙지방법원 2014.09.18 2014노88
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) misunderstanding of facts and misunderstanding of legal principles (as to Defendant 1’s personal injury and confinement of dangerous articles), the Defendant either threatened the victim or detained the victim and inflicted an injury on the victim as a dangerous article, such as this part of the facts charged. 2) The lower court’s sentencing of unfair sentencing (one year and six months of imprisonment) is too unreasonable.

B. The lower court’s sentencing is too uneasible and unreasonable.

2. Determination on the grounds for appeal

A. According to the evidence duly admitted and examined by the court below as to the defendant's assertion of mistake of facts and misapprehension of legal principles, all of the facts and circumstances stated by the court below in "the grounds for punishment and sentencing" are recognized, and in light of this, this part of the facts charged is found guilty.

Therefore, this part of the defendant's assertion is rejected.

B. In full view of the following circumstances as to the assertion of unfair sentencing by the Defendant and the prosecutor, the lower court does not seem to have been too heavy or unreasonable on the grounds that the Defendant’s sentence imposed by the Defendant is too heavy. Therefore, the Defendant and the prosecutor’s assertion of unfair sentencing

D. In light of the aforementioned legal principles, the Defendant and the Prosecutor’s appeal filed on March 3, 2007 are based on the following facts: (a) the Defendant deposited KRW 3 million against the victim; (b) the Defendant deposited KRW 3 million against the victim; and (c) the Defendant appears to have taken account of all the circumstances unfavorable to the Defendant, and there is no special circumstance or change that may be newly considered in sentencing after the lower judgment was rendered.

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