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(영문) 서울동부지방법원 2014.10.16 2014노1068
폭력행위등처벌에관한법률위반(상습상해)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.

Reasons

1. Summary of grounds for appeal;

A. In a case where the defendant in mistake of facts turns out of the place where the crime was committed, and returned again, the victim's friendship I was the victim's victim's friendship together with the victim's E, and there was no further assault, and the defendant's primary assault alone cannot be said to have suffered an injury in need of nine weeks' medical treatment.

Nevertheless, the lower court erred by misapprehending the facts charged, thereby finding all of the facts charged.

B. The Defendant inflicted an injury on the victim E in the case of unjust sentencing.

Even if the defendant had disability and appeared to have aggressive tendency, and considering that most of the injuries suffered by the victim E appears to have occurred to F, the punishment imposed by the court below (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. The victim E who appeared as a witness of the judgment of the court below on the assertion of misunderstanding of facts is consistently stated that the defendant who was living in the place after the first assault was f and used to assault himself. The victim E also stated that F who inflicted considerable bodily harm on the victim E was unable to do so, while leaving the place, and that F was at the time of the victim E. The defendant's assaulting the victim was about to take the victim's wife and desire to take the victim's wife while driving the bicycle, and the defendant's assaulting the victim was about to take part of the victim's wife and take the victim's desire, or the second assault was completed by the victim's friendship when the victim's friendship was the defendant. In light of the above, the court below's testimony was made by the above witness and stated that F was about the victim's wife and the victim Eul.

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