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(영문) 울산지방법원 2014.02.14 2013노1080
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although a mistake of facts accused the victim D had a brickd to the victim D, it was found that the victim D had been in a place less than 3-4 away from the victim D in order to resist the trees that the defendant saw, and there was no criminal intent of assault against the victim E. Although the defendant expressed a desire to the victim E, the defendant was in the course of making the victim E to deduct the insertion cited by the victim E and try to not take it back, and the defendant was in the course of causing the defect to not take it back, and the court below convicted the victim E of all the charges of this case, although the defendant carried a dangerous object and threatened the victim E, the court below erred by misapprehending the facts, which affected the conclusion of the judgment.

B. In light of the overall circumstances of the instant case of unfair sentencing, the sentence imposed by the lower court (one year of imprisonment and two years of suspended execution, etc.) is too unreasonable.

2. Determination

A. The court below acknowledged the following facts based on the evidence duly adopted and investigated by the court below, namely, when the victims were faced with the victim D in the investigative agency and the court below's judgment, the victim E was tryed to see that "I am off the victim D, so I am shot off the victim's breath, so I am shot off the victim's breath, we see that I am consistent with the victim E, and the defendant was able to see the victim D when I am the victim D in the investigative agency about to face the victim's D, and the victim E stated that "I am out of the breathbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbbing the victim E," and the victim E expressed the victim's desire to d.

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