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(영문) 대전지방법원 2013.05.16 2013노78
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment below

The part against the Defendants is reversed.

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B.

Reasons

1. Summary of grounds for appeal;

A. Defendant A1) misunderstanding of facts (as to the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) against the victim'sO), Defendant A used the kitchen knife at the accident scene at the time of the accident, and used the kitchen knife with the victim'sO or fighting with the victim's body, but the victim's knife with the kitchen knife would immediately knife the kitchen knife the kitchen knife the kitchen knife by using the kitchen knife and then caused the victim's knife the kitchen knife with the above kitchen knife, the court below found Defendant A guilty of this part of the facts charged, which affected the conclusion of the judgment by misunderstanding of legal principles (as to the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc. against the victim D)

3. The punishment of one and a half years of imprisonment sentenced by the court below on unreasonable sentencing is too unreasonable.

B. The two-year imprisonment sentenced by the lower court by Defendant B is too unreasonable.

C. The two-year punishment of Defendant C’s imprisonment sentenced by the lower court is too unreasonable.

2. Judgment on Defendant A

A. According to the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts, Defendant A was committed at the Lboard of Defendant C’s operation at the time of the instant case.

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