logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2013.12.19 2013노3519
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than two years and six months.

No. 1 of the seized evidence shall be charged to the defendant.

Reasons

Summary of Grounds for Appeal

A. Fact-finding 1) As to the violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc. (a collective action, deadly weapons, etc.), the victim E taken the knife of the defendant's knife and knife the defendant's knife in the course of his knife the defendant's knife, and the defendant did not intentionally knife the victim, the court below found the defendant guilty of this part of the facts charged, and there is an error of law by misunderstanding the facts and affecting the conclusion of the judgment.

B. The lower court’s sentencing (two years of imprisonment, confiscation) is too unlimited, even if not, and thus, unreasonable.

Judgment

A. We look at the assertion of mistake of facts about the violation of the Punishment of Violences, etc. Act (a group, deadly weapons, etc.). In other words, the following circumstances that can be recognized by the court below by integrating the evidence legitimately adopted and examined by the court below, i.e., the victim E makes a consistent statement in investigative agencies and the court of the court of the court below to the effect that "the defendant was faced with the victim's remodeling work site, and the defendant was faced with knife and became knife, and thereby suffered two knife due to the knife."

arrow