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(영문) 수원지방법원 2013.05.23 2013노1192
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. There is no fact that there was a mistake of fact or a mistake of glass with respect to the victim.

The result of the victim's injury is the result that he/she was able to take care of his/her head due to his/her illness.

B. In light of the legal principles, the excessive balance of this case is very small and thus cannot be deemed as a dangerous object.

C. The sentence of unfair sentencing (three years of imprisonment) by the lower court is too unreasonable.

2. Determination:

A. On the other hand, the Defendant asserts that there was no motive to block the instant crime, whereas there was sufficient motive for the victim to self-harm (the Defendant was called the Defendant at home and the place of residence was in need of money).

In light of the following circumstances acknowledged by the evidence duly adopted and examined by the court below, namely, at the time of the occurrence of the instant case, the Defendant, the victim, and the F, together with the five soldiers, were under drinking to a certain extent, and the Defendant and the victim, between the Defendant and the victim living in his house, called the victim, who had been living in his house, was under drinking to a certain extent.

The victim's injury part is a part that is not easy to take the upper part in the way that the victim voluntarily turns out the disease due to the snow side of the face, and the chest shape remaining in the face of the injury seems to have occurred (not being generated by the deposited thing) or to have been cut off on a scarcity, and the victim's first aid is considered to have been provided on the first day on the first day of emergency medical services prepared at around 02:00 on the day of the instant case (the trial record is page 56), and on the same day on the same day (the trial record is page 56), and on the same day, the emergency department records prepared at around 02:32 on the same day are written by each victim.

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