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(영문) 인천지방법원 2013.05.10 2012노3826
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that, for two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. The judgment of the court below which found the defendant guilty in the absence of the fact that the defendant misunderstanding of facts caused an injury to the victim's left part of the elbbow due to the decline, is erroneous, which affected the conclusion of the judgment.

B. In light of the various sentencing conditions in the instant case of unfair sentencing, the lower court’s sentence against the Defendant (one year and six years of suspended sentence in one year and six months) is too unreasonable.

2. Judgment on the assertion of mistake of facts

A. On August 20, 2012, the summary of the facts charged in the instant case: (a) around 21:40 on August 20, 2012, the Defendant was aware of the victim D (the age of 47) from the second floor of the Kimpo-si, Kimpo-si, that the Defendant was a party to the second floor E with his husband; and (b) the Defendant was aware that the Defendant was a party to the second floor of the C-si, Kimpo-si, Kimpo-si, and that “the Defendant was the victim’s husband E” and the victim was the victim’s humbbow, which is a dangerous thing that was cited by the descendants, and caused the victim’s injury,

B. The lower court found the Defendant guilty of the instant facts charged by comprehensively taking account of the following evidence.

C. In full view of the following circumstances that can be recognized by the evidence duly adopted and investigated by the court below, i.e., ① the victim stated from the investigative agency to the court of the court below that the defendant was in line with the part of the victim's left part part of the defendant's elbbow (the trial record 25 pages, evidence records 26 pages), ② the defendant also stated that he was in line with the victim's body by admitting the victim as her husband's pet, and the fact that the victim was in contact with the victim's body by admitting the victim's elbow as her husband's pet, and ③ the victim actually suffered from the escape of the victim. After the occurrence of the case, the court below's decision that convicted the defendant is just and acceptable, and it is so argued by the defendant.

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