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(영문) 창원지방법원 2012.11.22 2012노1988
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

The excessive margin (No. 1) that has been seized shall be the same.

Reasons

1. Summary of grounds for appeal;

A. As stated in the facts charged in this case, the court below found the defendant guilty of all of the facts charged in this case, although there was no assault or intimidation against the victim D or F due to excessive or substitute seat as stated in the facts charged in this case. The court below erred by misunderstanding the facts, which affected the conclusion of

B. The Defendant was under the influence of alcohol at the time of each of the instant crimes, and was in a state of mental disorder or mental disability.

C. Even if the facts charged in the instant case of unfair sentencing are found guilty, the sentence imposed by the lower court (two years and six months of imprisonment) is too unreasonable.

2. Determination

A. The following circumstances, which can be acknowledged by the evidence duly adopted and examined by the court below regarding Article 1-1-A and paragraph (b) of the facts charged, namely, ① the victim D has consistently made statements consistent with this part of the facts charged in the police and the court of the court below. The victim D has no particular contradiction or privilege in its statements, and thus, credibility exists due to no particular contradiction or privilege; ② the defendant also made in the prosecutor’s office “under the influence of alcohol on November 201, 201, the victim and the victim were faced with disturbance, and threatened with excessive threat to the victim.” In the court of the court of the court of the court below, the court of the court of the court below stated that “The victim displayed excessive restriction to the effect that he would not be able to mislead the defendant on August 201, 201, and that the victim and the victim reported knife from the victim around November 11, 2011 to the effect that “the victim reported knifely from the victim or the victim’s wife.”

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