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(영문) 대전지방법원 2014.12.04 2013노3120
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals by the Defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In the absence of a misunderstanding of facts, the Defendants convicted of the facts charged of the instant case by assaulting the victim F and A, which is a dangerous object of the victim F and A, the lower court erred by misapprehending the legal doctrine.

B. The sentence imposed by the lower court on the Defendants (Defendant B: imprisonment of two years, three years, three years, probation, community service, Defendant C: imprisonment of one and half years, two years of suspended execution, two years of probation, probation, and community service) is excessively unreasonable.

2. In full view of the following circumstances acknowledged by evidence duly adopted and investigated by the lower court regarding the Defendants’ assertion of mistake of facts, the lower court is just and acceptable to have convicted the Defendants of the facts charged of this case.

The victim F and A clearly stated the facts of damage in the court of the court below. The victim F and A clearly stated that the victim F were the wife of the defendant B, the defendant C and the defendant C, and the defendant B, etc. at the time when the victim F were getting on a taxi and getting on the site of the case. However, the victim F and the defendant C were killed while taking a bath, resulting in the month and following them, and the victim's cell phone, resulting in the victim's back and her back, leading the victim's back to the victim's back to the victim's back to the victim's back to the victim's back to the victim's back to the victim's back to the victim's back to the victim's back to the victim's back to the victim's back to the victim's back to the month and back to the victim's back to the victim's end to the victim's end to the victim's end to her back to the victim's back to the victim's back to the victim's back to the victim's.

In particular, victim A's statements are presented to the same extent.

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