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(영문) 인천지방법원 2014.02.07 2013노2707
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

The defendant shall be innocent.

Reasons

1. The summary of the grounds for appeal is that the defendant did not inflict any injury on the victim D by putting a shoulder view, and that the victim suffered any injury in the course of getting the victim away from his own glass view, but the judgment of the court below which found the defendant guilty of the facts charged of this case is erroneous in the misapprehension of facts, and the punishment (one year and six months of imprisonment, and two years of suspended execution) is too unreasonable.

2. Around July 5, 2013, the summary of the facts charged in the instant case was around 22:30, the Defendant, at the Defendant’s house located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu, c. 202, filed a dispute with the victim by viewing that the victim was broken away of the Defendant’s book with Nowon-gu, and that the victim was broken away of the Defendant’s book with Nowon-gu, and caused the Defendant’s injury to the Defendant, such as an excellent unit of the treatment days, by gathering the shoulder glass angle, which is a dangerous thing, on several occasions.

3. The lower court found the Defendant guilty of the instant facts charged based on macroscopic evidence.

4. Judgment of the court below

A. According to the legal statement of the witness witness D, some police statements of the defendant and D, and images of each field photo, the facts that the victim was punished for the dispute between the defendant and the day when the defendant was demoted at the time and place as stated in the judgment of the court below, the defendant's entry into his room at the end of the dispute, and the victim also went into the defendant's strip computer and went into the defendant's room, and the victim was also able to get out of the book on the part of the defendant's strip computer, due to the shock, the fact that the defendant was faced with a variety of strings due to the shock, the victim was frighted by the defendant's hand, the victim was frightd by gathering the glass view, and the victim was frightd by the victim, and during that process, the fact that the victim was frightd by a knish in the glass view can be recognized.

B. Furthermore, in the facts of the above recognition, the Defendant inflicted an injury on the victim by breaking the above glass angle toward the victim, such as the facts charged.

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