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(영문) 수원지방법원 2014.06.26 2014노2064
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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.

except that, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In order to hear the statement that the male president of the D main place committed an indecent act against the female living together with G to confirm the fact, the defendant found the president of the male president of the D main place at the D main place. In addition, the victim E committed an assault by the victim E, such as scam and scambling, etc., and the defendant unilaterally committed an assault, and when the police officer unilaterally arrived at the scene, the victim's face was taken twice. However, although the police officer unilaterally followed the victim's face, there was no fact that he did not have a flabbize the victim's left side, the court below believed only the victim's statement without credibility and rejected each statement of G and H corresponding to the defendant's assertion, thereby finding the defendant guilty of the facts of this case. The judgment of the court below is erroneous by misapprehending the facts and affecting the conclusion of the judgment.

B. In light of the overall sentencing conditions of the instant case, the lower court’s imprisonment (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. In full view of the following circumstances: (i) through (5) the lower court can be recognized by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts; and (ii) the Defendant could sufficiently recognize the fact that the Defendant carried dangerous articles as stated in the instant facts charged and inflicted injury on the victim; and (iii) the Defendant’s assertion of

① The victim consistently stated from the investigative agency to the court of the court below that the Defendant was flicker with a shoulderer beer’s disease, thereby flicking his arms.

② At the prosecutor’s office and the lower court’s court, F, who operated D principal points, reported that the Defendant saw the empty beer’s disease as his hand while changing several extensions, and thereafter, he saw that the Defendant saw the empty beer’s disease as his hand, and thereafter, the table table and the table table on the lower bottom of the table were scattered.

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