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(영문) 광주지방법원 2016.01.20 2015노2792
폭력행위등처벌에관한법률위반(집단ㆍ흉기등존속상해)등
Text

All appeals by the defendant and the prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. The sentence of the lower court (six months of imprisonment) is too unreasonable.

B. The judgment of the court below which acquitted the Defendant of the injury inflicted on the victim D, despite the fact that the Defendant’s misunderstanding of the facts (1) fells the victim D’s knife and left hand in the process of displaying the knife, and at least the Defendant was found guilty of the willful negligence of the injury, is erroneous in the misapprehension of facts.

(2) The sentence of the lower court’s improper sentencing is too uneasible and unreasonable.

2. Determination

A. As to the prosecutor’s assertion of mistake of facts, the lower court found that the Defendant intentionally inflicted a bodily injury on D solely based on the evidence submitted by the prosecutor, regarding the violation of the Punishment of Violences, etc. Act (a group, deadly weapon, etc.) among the facts charged in the instant case.

For the reason that it is difficult to conclude it, innocence was pronounced.

The reasoning of the court below and the evidence duly adopted and examined by the court below, i.e., the following circumstances acknowledged by the court below, i.e., ① consistently stated that D was charged with excessive excess of the number of days of treatment; ② it appears that D was incurred in the process of voluntarily putting it over, and ② it is not sufficient to recognize the injury inflicted upon D even on the left hand, but it is insufficient to recognize the act of injury caused by the Defendant’s intentional act; rather, D with weak power than the Defendant, could have been necessary to put the excessive excess in his hand in order to deceive the Defendant, the above judgment of the court below is just, and there is no error of misapprehending the facts, which affected the conclusion of the judgment, and there is no error of misapprehending the conclusion of the judgment.

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

B. The instant crime of determining the illegality of sentencing by the Defendant and the Prosecutor is a threat to the Defendant’s dynamics by assaulting and threatening them, and its nature is not good, and the Defendant’s period of suspension of execution of the same kind of crime is limited to that of the Defendant.

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