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(영문) 수원지방법원 2015.04.10 2015노324
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Summary of Grounds for Appeal

Of the facts charged in this case, as to the part of the charge of mistake of facts or misapprehension of legal principles as to the injury of the victim F, the Defendant only had the victim at the time had a beer cans other than the beer World Cup, and the beer cans cannot be viewed as a dangerous thing unlike the beer World Cup.

Nevertheless, the court below found the defendant guilty of the crime of violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) by recognizing that the defendant was killed and injured by beer, which is an article to be dangerous to the victim.

In this judgment of the court below, there is an error of mistake or misunderstanding of legal principles.

The sentencing (two years of imprisonment) of the lower court on the grounds of unfair sentencing is too unreasonable.

Judgment

The defendant's assertion of misunderstanding of facts or misunderstanding of legal principles reversed the statement that he was a beer's disease, not the beer World Cup, and denied this part of the facts charged.

However, a thorough examination of the evidence duly adopted by the court below based on the following circumstances can sufficiently recognize the fact that the defendant took the "Mail World Cup", which is an article dangerous to the victim at the time of committing the crime, so this part of the defendant's assertion is without merit.

① As consistent from the investigation stage to the court of the court below, the Defendant led to confession as to this part of the facts charged, and only the other facts charged was disputed, and the Defendant stated that at the time of the investigation, the article that had been put to c

(No. 128, No. 184, and No. 36 of the trial records). (2) This is consistent with the statements of the victim, and there are no special circumstances to suspect the credibility of the existing confession of the defendant.

(3) Due to the goods the Defendant had taken the tear of the victim’s face at the time, and the victim was provided with medical treatment to string the upper part of the body.

(No. 66, No. 80). On the other hand, the defendant is guilty of the facts stated in the judgment below.

4. (f) The part of the assault against the victim J.

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