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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 수원지방법원 2015.06.18 2014노5579
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the absence of a misunderstanding of facts, the Defendant convicted the victim G and B of the facts charged of this case in spite of the fact that he injured the victim G and B by displaying the street support team, or assaulted the victim I by jointly with H, the judgment of the court below which convicted him of the facts charged of this case is erroneous.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. The Defendant asserted that the above mistake of facts is identical to the above assertion of mistake of facts, and the lower court rejected the above assertion based on the evidence duly admitted and investigated, and found the Defendant guilty of the facts charged in this case.

In light of the following circumstances acknowledged by the above evidence, ① the victims made a consistent and consistent statement about the process of the occurrence of the case from the investigation process to the court of the court below, ② the witness of the case made a consistent witness statement with the victim’s above statement as to the process of investigation to the court of the court below, ② the process of the occurrence of the case from the investigation process to the court of the court below, and the progress of the case, ③ the statement of the victim’s injury diagnosis statement against G is also consistent with the victim’s above statement. ④ The victims are family members or descendants, and ④ although they were family members at the time of the instant case, they are deemed to be reliable in light of their contents and the degree of their testimony. In full view of these facts, the victims’ statements are carried with the victim G and B with the block support unit at risk of the defendant, as shown in the judgment of the court below, and the facts of assaulting the victim H jointly with the victim H are sufficiently recognized. Thus, this part of the defendant’s assertion is not accepted.

B. Determination on the assertion of unfair sentencing

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