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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2013.08.29 2013노949
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal by the defendant;

A. Meritorious of legal principles is not a deadly weapon used by the defendant when he/she waits for the head of the victim.

B. The sentence of the judgment of the court below on unreasonable sentencing (eight months of imprisonment) is too unreasonable.

2. Determination on the grounds for appeal

A. The lower court found that the Defendant’s act of taking the victim E head as beerer’s disease constituted Article 3(1), Article 2(1)1, and Article 260(1) of the Punishment of Violences, etc. Act.

The crime of violence in violation of the Punishment of Violences, etc. Act is established even when a person was committed by carrying a deadly weapon or other dangerous object, other than a deadly weapon. The term “ deadly weapon or other dangerous object” includes not only the total and knife with the characteristics of killing the person, but also the other things such as the gun and knife, but also the other party or the third party’s use of it can cause danger to the person’s life. The beer’s disease in an unsatisfyed state

(see, e.g., Supreme Court Decision 91Do2527, Dec. 27, 1991). Thus, the defendant's act of taking the victim's head from beer disease constitutes an act of assaulting a person by carrying dangerous articles and constitutes a crime of violating the Punishment of Violences, etc. Act (collectively weapon, etc.). Thus, the defendant's assertion of legal principles is without merit

B. In light of the following: (a) the Defendant was punished for the crime of property damage, assault, injury, etc.; (b) the Defendant committed the instant crime during the suspension of execution and probation period; and (c) the Defendant’s act of taking a person’s head as a beer disease is a very dangerous act that may cause serious injury; (d) the Defendant did not reach an agreement with the victim; and (e) other various sentencing conditions as indicated in the instant argument, such as the method and process of the instant crime, circumstances after the commission of the crime; and (e) the Defendant’s age and character and conduct, the sentence of

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