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(영문) 수원지방법원 2016.11.11 2016노2873
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

An applicant for compensation shall be dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant did not intentionally inflict an injury on the victim, and only caused a bicycle and a traffic accident that the victim was driven by negligence while driving a van.

Therefore, the judgment of the court below that the special injury crime is established is erroneous by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (one year of imprisonment, two years of suspended execution, and 80 hours of community service) is too unreasonable.

2. Judgment on the defendant's assertion

A. The lower court determined that the Defendant intentionally inflicted an injury on the victim on the grounds of the circumstances as indicated in its reasoning (referring to the circumstances of the second to fourth first sentence under the second sentence of the lower judgment).

In light of the circumstances described in paragraphs (1) through (4) as revealed from the evidence duly adopted and examined by the court below, the judgment of the court below on this part is just, and there is no error of law by misunderstanding the facts.

① The Defendant, while driving a bicycle on the first lane, overtaken the victim along the same lane (the time indicated in CDs 18:12:33). During the overtaking process, the Defendant’s knife and the victim’s bicycle were overtaken by a very dangerous method, such as making the Defendant’s knife and the victim’s bicycle differ at the same time.

② In light of the traffic situation of the road 1 and the speed of the two-way-way-way-way-way-way-way-way-way-way-way-way-way-way-way-way-way-way-way-way-on-way-way-way-on-way-way-way-on-way-way-on-way-way-on-way

(3) The defendant vindicates that he/she was able to believe that he/she had a considerable distance from the victim after overtaking the victim, and that he/she had changed his/her tea.

However, according to the images from 18:12:33 to 18:12:38 of the CDs (hereinafter referred to as the same images), the victim immediately turns back after being overtaken.

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