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(영문) 부산지방법원 2013.11.14 2013노2901
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

Summary of Grounds for Appeal

A. The judgment of the court below which found the defendant guilty of the violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.) among the facts charged in this case, is erroneous in the misapprehension of facts, which affected the conclusion of the judgment by misunderstanding the facts.

B. The lower court’s sentencing (two years of imprisonment, three years of suspended execution, and 160 hours of community service) is too unreasonable even if it is not so unreasonable.

Judgment

A. As to the assertion of mistake of facts, the following circumstances that can be acknowledged by the evidence duly adopted and investigated by the court below and the court below, namely, ① the victim F was consistent from the investigative agency to the court of the court below, and the defendant made a statement that he was knee in front of the vehicle in front of the vehicle in order to take away from the vehicle, and ② the witness I of the court below also made a consistent statement from the investigative agency to the court of the court of the court below that he had received knee in advance. ② The witness I of the court below consistently and consistently from the investigative agency to the court of the court of the court of the court of the case, “I repeated the progress of the first time and the second time with the victim in front of the vehicle in front of the vehicle in front of the prosecution, even though the defendant tried to have tried to go out of the vehicle and tried to go out of the vehicle.” ③ The victim and the other person in front of the vehicle in front of the vehicle in front of the prosecution did not go back to the front and rear of the victim without any distance.

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