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(영문) 광주지방법원 2013.10.04 2013노1388
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.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.)], although there was a fact that the Defendant had a stone stone, which is a dangerous object at the time of the instant case, and did not inflict an injury on the part of the victim, such as hand or arms, etc.

Therefore, the judgment of the court below which found the defendant guilty of violating the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc., by failing to inflict an injury on the victim by using dangerous objects, is erroneous in the misapprehension of facts,

B. The lower court’s imprisonment (two years of imprisonment) is too heavy in consideration of various circumstances on the Defendant’s grounds of unreasonable sentencing.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the lower court regarding the assertion of mistake of facts are the following: (a) the victim made a consistent statement from the investigative agency to the lower court to the court that “the Defendant was faced with the right arms of the victim by towing the alley and cutting the stone with the string of the strings, and thereby, incurred an inspection and scambling on his hand and the hacks; (b) thereby, 92 pages of the investigation record).” (C) The following day of the instant case is based on the photograph taken by the victim at the time when the police was investigated by the police, the victim’s right arms and hacks of the victim at the time of the victim’s bodily injury (27th page of the investigation record), and thus, the victim’s statement and scambling of the victim’s injury to the victim issued on August 14, 2012 is sufficiently referred to as “the victim’s injury to the victim’s hand and scambing on the victim’s hand.”

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