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(영문) 수원지방법원 2015.04.16 2014노4790
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not injure the victim E by throwing beer disease, or by drinking or salunching the victim.

B. 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. According to the evidence duly admitted and examined by the lower court regarding the assertion of mistake of facts, the lower court fully recognizes the fact that the Defendant had been her beer and beer and her from among them, was faced with the victim’s face, and that the Defendant had inflicted an injury upon the victim due to drinking and her cause of injury requiring three weeks’ medical treatment.

Therefore, the defendant's above assertion is without merit.

B. The Defendant did not have any record of punishment in Korea, and is punished for disputes with the victim.

The fact that the Defendant committed the instant crime due to chemicalization, and the victim expressed his intent to reach an agreement with the Defendant, etc. are considered favorable to the Defendant.

However, even though the nature of the crime of this case is not good, it is difficult to see that the crime of this case is divided or reflected, the victim's damage has not been properly recovered until now, and the sentencing conditions of all kinds, such as the defendant's age, character and character, environment, etc., it is difficult to see that the sentencing of the court below is too unreasonable because the sentencing of the defendant is too unreasonable. Thus, the defendant's assertion is without merit.

3. In conclusion, the defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act since it is without merit. It is so decided as per Disposition.

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