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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울남부지방법원 2014.05.30 2013노2251
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In determining facts, the Defendant: (a) while drinking with the victim for a minor time while drinking with the victim, went to the face of the illness; (b) the victim was faced with the disease; and (c) the Defendant was left to the face of the disease; and (d) the Defendant did not have been suffering from the disease by stopping the victim, and thus, there was no intention to inflict an injury on the Defendant.

B. At the time of the instant crime, the Defendant was under the influence of alcohol and had no or weak ability to discern things or make decisions.

C. The sentence imposed by the court below (one year and six months of imprisonment, two years of suspended execution) is too unreasonable.

2. Determination

A. 1 There is a victim C and E’s statement in the police statement as evidence that the defendant had a major illness toward the victim’s head.

The victim C stated in the police that “I would drink alcohol, the defendant was faced with a sentry’s illness, face with drinking and spawn, and head.” The victim stated that “I would not want to be punished.” and “I would like to drink be frighten if we have the same situation, I would like to drink brighten, but I would like to be able to go back only at the expense of treatment.”

E was a person who was drinking together with the Defendant and the victim at the time of the instant crime, and who was in the police (the Defendant and the victim) at the time of the instant crime, and the Defendant was the victim of the Defendant’s own illness.

At that time, the lower did not call again that the victim was aware of, but the victim tried to report to 119 because the victim was lying on the floor, so that the victim would not have been able to get out of the bar.

It seems that the defendant was the main disease, but it was not appropriate for the head.

“The statement was made.”

With respect to its credibility, 1. The victim C stated that the defendant was not intentionally engaged in an article in the prosecution, and the court of the court of the court below is under the condition that the alcohol is less.

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