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(영문) 수원지방법원 2013.12.05 2013노2283
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 5,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. Of the facts charged of mistake of facts, there is a fact that the victim and the victim have been at least twice scam, but there is no fact that the victim was scam with golf loans, and with respect to the injury, there is no fact that the victim in the restaurant was scam on the house while leading the victim in the restaurant, but there is no fact that the victim was scam on the house.

Nevertheless, the lower court erred by misapprehending the legal principles as to all the facts charged of this case.

B. The lower court’s sentence of unreasonable sentencing (two-year suspension of imprisonment, four-year suspension of execution, two hundred-hours of community service order) is too unreasonable.

2. Determination:

A. A. A summary of the facts charged (1) The Defendant violated the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) (a) around 23:59 as of the end of November 201, 201, and suffered injury to the Defendant, at the Defendant’s residence located in the Asan-si D apartment 101 Dong 101 Dong 101, and the Defendant, at around 10 times with golf loans, which are dangerous articles for the victim’s delayed returning to the meeting, thereby causing approximately 3 weeks of the victim’s side gate, etc., and at around 10 times of the victim’s side gate of drinking and spaw from drinking and spawn, thereby causing injury to the victim.

(2) 상해 피고인은 2012. 9. 29. 22:40경 평택시 E에 있는 피해자의 친구인 F이 운영하는 G 음식점 내에서, 피해자가 추석 명절에 시댁에 가지 않는다는 이유로 “왜 휴대폰을 안 받고 여기 있냐 씨발년 밖으로 나와라"라고 욕설을 하며 오른손 바닥으로 피해자의 머리 부위를 3회 때려 피해자에게 약 2주간의 치료를 필요로 하는 두피좌상 등의 상해를 가하였다.

B. (1) The lower court’s determination is consistent from the investigative agency to the court, to the following facts and circumstances acknowledged by each evidence duly admitted and investigated as follows, namely, the victim’s statement on the date and time of crime, the damaged part, and the method of crime. The victim is six months from the date and time of crime.

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