(영문) 의정부지방법원 2014.10.10 2014노359

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(영문) 의정부지방법원 2014.10.10 2014노359

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

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The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (a.e., destruction of deadly weapons and portable property) by the Defendant: (a) while the Defendant shouldered the front door of the JenzE300 car and the front door door of the driver’s seat, which is the victim’s possession; (b) however, the Defendant did not support the right-hand back door.

Therefore, the judgment of the court below that judged that the defendant broken all the whites on both sides of the car is unfair because it mismisunderstanding the facts.

B. The sentence imposed by the lower court (eight months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, the Defendant reported the damaged vehicle’s photograph (Evidence No. 214 pages) to the investigative agency and stated that it would have been damaged as such, and it can be recognized that the above photograph has been destroyed and damaged to the right upper part of the above vehicle. Thus, the Defendant is bound to be deemed to have damaged the right upper part of the above vehicle.

Therefore, on such premise, the lower court did not err by misapprehending the facts that found the Defendant guilty on this part of the facts charged.

This part of the defendant's assertion is without merit.

B. The fact that the Defendant made a judgment on the assertion of unfair sentencing all of the instant crimes led to confessions and reflects against all of the instant crimes, and at the investigation stage, C expressed his/her intent not to have the Defendant punished by agreement with C, the victim of the instant bodily injury, etc. is favorable to the

However, up to the trial, the Defendant did not agree with H, which is the victim of the crime of destruction of this case, and did not properly compensate for the damage, and the Defendant had a criminal record of having been sentenced to punishment such as punishment over several times due to the same kind of crime, etc. In addition, the records, such as the Defendant’s age, character and conduct, environment, occupation, circumstance and contents leading to the instant crime, and circumstances after the crime, etc

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