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(영문) 광주지방법원 2015.01.22 2014노1034
폭력행위등처벌에관한법률위반(집단ㆍ흉기등협박)등
Text

[Defendant A] The defendant A's appeal is dismissed.

[Defendant B] The part concerning Defendant B in the judgment below

Reasons

1. Summary of grounds for appeal;

A. Defendant A’s imprisonment (one year of suspended sentence for six months of imprisonment) is too unreasonable.

B. Defendant B(1) The Victim G stated that the Defendant B was in line with Defendant B’s Chok’s F, and Defendant A appears to have suffered losses in the process of taking a snife a police officer’s insertion, etc., Defendant B did not have inflicted any injury on the victim G and A. 2) The lower court’s punishment (a fine of three million won) is too unreasonable.

2. Judgment on Defendant B’s assertion of mistake of facts

A. The summary of the facts charged was around 22:45 on May 9, 2013, the Defendant met the victim A and the victim G on the road of the Cheongam University located in Seocheon-dong, Seocheon-dong, Seocheon-si.

The defendant expressed a bath to the victim G who gets off from a car, and flabed the breath of the victim, and flabddddd the victim, and fladddddddd the chest.

The victim A takes a part of the improvement and the defendant took a part of the improvement from the victim G, and the defendant took a part in the victim A.

When the victim gets the face of the defendant, the victim " ...." was satisfyed by drinking bats of the victim A, and was satisfying the victim A's bat, and the victim's satisfy.

As a result, the Defendant put the victim A with salt, tensions, right fingers, etc., which require a treatment for about 14 days, and put the victim G on a scarcity of a scarke, which requires a treatment for about 2 weeks.

B. The lower court found the Defendant guilty on the basis of the macroscopic evidence.

C. In full view of the following circumstances acknowledged by the evidence duly admitted and investigated by the lower court in the first instance judgment, it is sufficient to recognize the fact that the said Defendant inflicted an injury on the victim A with respect to the crypted salt and tension in the treatment days, and that the victim G suffered an injury as described in the facts charged.

Therefore, this is applicable.

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