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(영문) 전주지방법원 2013.11.08 2012노1348
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
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 two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. In full view of the fact that the victims consistently stated that "the defendant brought the head of the victim G due to beer's disease," the victim's bodily injury part is left left, and it is difficult to see that the consignee's injury due to beer's shock is an injury as alleged by the defendant, as it is difficult to see as the victim's injury due to a shocker's disease, and that the breakdown of beer's disease is difficult to escape to the victim's face due to low height, even though the defendant's head was found to have been injured due to beer's disease, there is an error of mistake of facts in the judgment of the court below that acquitted the defendant about the facts charged in violation of the Punishment of Violences, etc. Act (a deadly weapons group, etc.) against the victim's G.

B. In light of all the sentencing conditions on the sentencing of unfair sentencing, the sentence of the lower court (the fine of KRW 500,000) is too uneased and unreasonable.

2. Determination on the grounds for appeal

A. Of the facts charged in the instant case, the Defendant, at around 22:00 on January 10, 2012, in violation of the Punishment of Violences, etc. Act (afford with collective weapons, deadly weapons, etc.), has the victim G (the age of 49) and microf for trial costs at the Eju store operated by D located in Gunsan-si C around 00.

The victim G and the victim G have fighting with F, the first f, and their body, and were sitting in each of them.

In addition, the defendant, who is a beer's disease, which is a dangerous object on the table, where the victim G is seated, led to a braking, which requires approximately two weeks of medical treatment to the victim G, and led to a brain, an inner part, an inner part, and an inner part of the body.

B. The judgment of the court below is based on the evidence duly admitted and examined by the court below, on the grounds that each statement made by the police officers of the victims and the court below at the court below as shown in the above facts charged is hard to believe in light of D's police and the contents of the statement at the court below, and there is no other sufficient evidence to acknowledge the facts charged.

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