(영문) 대전지방법원 2014.05.21 2014노550 | 리걸엔진

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Reasons

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자간(%)

(영문) 대전지방법원 2014.05.21 2014노550

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court found the Defendant guilty of this part of the facts charged, even though the Defendant was merely fighting between F and the victim C, and did not have inflicted an injury on C jointly with F. In so doing, the lower court convicted of this part of the facts charged.

B. The lower court’s sentence of unreasonable sentencing (three years of imprisonment) is too unreasonable.

2. Determination:

A. The following circumstances revealed by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts, namely, the victim C from the police to the court of original trial, from the Eju to the court of original trial, to the Eju on October 15, 2011, to the effect that the Defendant was a beer disease, but was not consistent, and the Defendant was faced with her face, and the Defendant was faced with her head due to beer disease, and the Defendant and F was faced with her.” The above Eju, Q, the main Eju, was from the prosecution to the court of original trial, from the prosecution to the court of original trial, to the court of original trial, and the Defendant was faced with C’s head due to C’s head, and the Defendant and F took the her head due to C.

In light of the facts stated to the purport, and the fact that F is highly likely to make a statement consistent with the Defendant’s assertion, in full view of the relationship between F and the Defendant, it can be recognized that the Defendant committed an act of assaulting the victim’s c, such as cutting the blick, clicking crym, etc., by assaulting the victim’s blick with F, etc., so the Defendant’s assertion of

B. The victim C, first of all, was sick with the Defendant in the judgment on the assertion of unfair sentencing (hereinafter “victim”) and brought about the instant crime in the course of subsequent disputes (hereinafter “instant case”), and the Defendant reflects the recognition of the Defendant’s criminal act, and the fact that the victim I agreed with the victim (hereinafter “Defendant 1943 case”), etc. are favorable to the Defendant.

On the other hand, the victim C's injury is more severe, and the victim's damage is more severe.

유사 판례

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