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(영문) 광주지방법원 2015.03.31 2014노1736
폭행등
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of one million won.

The above fine shall not be paid by the defendant.

Reasons

1. Summary of grounds for appeal;

A. In relation to Paragraph 2 of the judgment of the court below of fact-finding, the defendant thought that he would die, such as the kitchen kn's kitchen, etc., only he left the defendant's boat, and did not pose a threat to the victim by the kitchen kn's way.

B. The lower court’s sentence of unreasonable sentencing (No. 1,00,000 won, 2,000 won by fine, 6 months by imprisonment) is too unreasonable.

2. Determination

A. According to the records of the judgment ex officio (the judgment of the court of first instance), the defendant was sentenced by the Gwangju District Court on April 24, 2014 to one year and six months of imprisonment and a fine of 500,000 won, and three years of suspension of execution on May 2, 2014, and the judgment became final and conclusive on May 2, 2014, and the crime of the judgment of the court of first instance was determined at the same time in consideration of the balance between the crime for which the judgment became final and the latter part of Article 37 of the Criminal Act and the crime of the latter part of Article 37 of the Criminal Act, although the judgment of the court of first instance was too excessive,

B. Error of facts (the court below's judgment of the second instance) states that the court below can be recognized by evidence duly adopted and investigated, namely, ① the witness D, C, and F's each legal statement of the court below shows differences with respect to the detailed description of the case, but it is consistent with the part that "the defendant collected the knife in the kitchen and made it to the effect that "the victim" was killed," ② the above witness stated that "the defendant stated that "the defendant would not have called "the knife" with his knife with his knife"; ③ In particular, the witness F was a person who was living in the same five to six years with the defendant and there is no special reason to make a statement to the defendant disadvantageous to the defendant; ④ the person who intends to injure him as the knife with the knife with the knife and so on."

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