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(영문) 인천지방법원 2012.11.16 2012노1697
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant B (Definite) was displayed by Defendant B with the victim F on the ground of bricks and belts in the road, but the victim F did not comply with this.

B. The Defendants were under the influence of alcohol at the time of committing the instant crime, and they were in a state of mental disability.

C. In light of the various sentencing conditions of this case, the lower court’s sentence against Defendant A (two years of suspended sentence in June 1 and six years of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below, ① the victim F was present as a witness in the court below, and the victim F was able to see the body of the defendant B, but the victim F was flick with the wall, and the wall was flick with the shoulder, and the victim B was flick with the face part over several times, and the defendant B was flicked with the blick belt and the blicked with each other in order to avoid this, the victim B was flick. The victim Flickd with the victim Flicker's statement in the court below. ② The victim H, who was fighting with the victim Flick in the body of the victim F, was also flick with the victim's wall, and the victim B was flick with the victim's statement made in the court below. The defendant B was flick with the victim's statement made in this case.

"Carrying with a deadly weapon or other dangerous articles" under Article 3 (1) of the Punishment of Violences, etc. Act means only accompanying the body.

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