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(영문) 청주지방법원 2014.10.20 2014노520
상해등
Text

The judgment below

Among the crimes of Articles 3 through 7 of the decision of the court below, shall be reversed.

Defendant 3 through 7 as stated in the judgment of the court below.

Reasons

1. Summary of grounds for appeal;

A. Error 1) In relation to the crime of violation of the Punishment of Violence, etc. Act (a collective action, deadly weapon, etc.) against the victim H, the defendant acknowledged that he threatened the victim H on December 11, 2013. However, there is no fact that the victim H was threatened by Draber, and the victim H was merely a minor state where medical treatment is not required, and the defendant cannot be said to have inflicted an injury on the victim H. 2) In relation to the crime of injury to the victim M, there is no fact that the defendant inflicted an injury on M.

3) In relation to the crime of violation of the Punishment of Violences, etc. (Intimidation to Group, Deadly Weapons, etc.) against Victims F, there was no fact that the Defendant gave up and threatened the Victim FF with an intimidation. B. The punishment sentenced by the lower court of unfair sentencing (the first and second crimes as indicated in the original judgment: imprisonment for three months, suspension of execution for one year, and the third through seven crimes as indicated in the original judgment: imprisonment for one year and six months, too unreasonable.

2. Determination

A. Although the court below made the same assertion as the grounds for appeal in this part of this part of the judgment of the court below, the court below found the defendant guilty of the facts charged in this case, and rejected the defendant's above assertion on the grounds of detailed reasons under the title "the judgment on the defendant and his defense counsel" in the 5 and 6th of the judgment. In comparison with the above judgment of the court below, the judgment of the court below is just and it is not erroneous in the misapprehension of facts against the rules of evidence, and the defendant's assertion of misunderstanding of facts is without merit.

B. In full view of the contents and circumstances of the crime in this part of Articles 1 and 2 of the judgment of the court below as to the allegation of unfair sentencing, and other various sentencing conditions as indicated in the records and arguments, the court below’s sentence on this part of the crime is deemed appropriate.

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