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(영문) 의정부지방법원 2015.06.09 2015노58
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The defendant does not have any misunderstanding of facts against the victim's disease.

B. The lower court’s sentence of unreasonable sentencing (one year and six months of imprisonment, two years of suspended execution, and 80 hours of community service order) is too unreasonable.

2. Determination

A. As to the assertion of mistake of facts, the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, namely, ① the victim made a consistent statement in the investigative agency and the court of the court below that “at the time of drinking together with the defendant, the victim made a mistake in the name of the defendant in the name of male-gu in the past, the defendant made a noise and made a noise, and the defendant made the head of the defendant in the name of the defendant in the name of his mother-gu in the past.” ② The defendant made a statement that “the victim in the course of drinking with the victim, she was faced with his her guardian, etc.” However, the defendant did not clearly explain how the victim was faced with the victim, ③ the police officer did not clearly explain how the victim was faced with the victim, ③ the victim was faced with a significant amount of the victim, ④ The police officer’s photograph (Evidence No. 8 upper part of the evidence record) taken by the police officer, and thus, it is not recognized that the victim’s body injury suffered by the defendant in light of the victim’s body body injury.

B. As to the assertion on unreasonable sentencing, it is recognized that the victim did not want the punishment of the defendant, and that the defendant drinking with the victim committed the instant crime in a contingent manner with the name of the male-child her pregnant woman her pregnant with the victim. 2) However, the defendant, who was a dangerous object, was deprived of the victim’s head as an alcoholic disease, and the crime is not good, and the defendant was sentenced to a minimum punishment within the scope of the term of punishment that was reduced by discretionary mitigation.

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