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(영문) 부산지방법원 2015.06.04 2015노163
폭력행위등처벌에관한법률위반(집단ㆍ흉기등재물손괴등)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for one year.

Reasons

1. Summary of grounds for appeal;

A. The Defendant of mistake of facts is merely a fact that the victim D made a sound by misunderstanding himself/herself, and subsequently, he/she did not assault the victim as described in the facts charged.

However, the judgment of the court below which found the defendant guilty is erroneous by misunderstanding facts and affecting the conclusion of the judgment.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances revealed by the evidence duly adopted and investigated by the lower court’s judgment on the assertion of mistake of facts, i.e., D’s statement at an investigative agency to the effect that “Apinyl chloride that the Defendant cited on the lower court did not fit for 5 to 6 times” and ② H at the time of witnessing the scene appears to be “finite her young son’s death” at an investigative agency, thereby complying with D’s statement by stating that “A young her young son her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her hers her her her her her her

Therefore, the defendant's above assertion is without merit.

B. The Defendant committed each of the instant crimes without being aware of the fact that he/she committed a repeated crime even though he/she was under the period of repeated crime, and the Defendant has a record of having been punished several times for the same crime is disadvantageous to the Defendant.

However, the fact that the defendant recognizes the remaining crimes except assault, the extent of assault is minor, the defendant agreed to do so with the victim I in the original trial, and the victim F submitted a written application that the victim F does not want the punishment of the defendant in the trial.

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