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(영문) 창원지방법원 2016.07.13 2016노402
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

Defendant

All appeals by prosecutors are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) The Defendant 1 was snickly snick with the victim by oral snick, and there is no fruit with him.

2) The punishment sentenced by the lower court (two years and six months of imprisonment) is too unreasonable.

B. The sentence imposed by the prosecutor by the court below is too uneasible and unreasonable.

2. Determination

A. The following circumstances acknowledged by the lower court’s duly admitted and investigated evidence regarding the assertion of mistake of facts, namely, the Defendant, from the investigation stage to the court of the lower court, has reached the victim with excessive degree.

The consistently stated statement, ② the victim also knife the defendant's knife

In light of the statement, since the defendant can sufficiently recognize the fact that he has excessively damaged the victim, the court below's conviction of the facts charged in this case is just and acceptable, and there is an error of law by misunderstanding the facts as pointed out by the defendant and affecting the conclusion of the judgment.

It does not appear.

Therefore, the defendant's above assertion is without merit.

B. We examine both the Defendant and the prosecutor’s assertion on the unfair determination of sentencing.

The Defendant is an initial offender with no criminal history, and the victim also prepares a tree fighting engine in advance to wrap the Defendant and the victim, etc. under the agreement, and the Defendant and the victim appear to have demanded the Defendant to suspend fighting and the Defendant would no longer attack the victim, and the fact that the victim seems to have failed to do with the important long-term period of the victim.

On the other hand, the defendant denies the crime of this case against the victim prior to the crime of this case, and the defendant suggested fighting to the victim by the victim before the crime of this case, and then put the knife with the victim's chests, surgs, bucks, etc.

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