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(영문) 청주지방법원 2014.12.19 2014노743
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant alleged a misunderstanding of facts is merely laying the beer balance on the table or laying it on the table, and there was no intention to inflict an injury on the victim.

B. The lower court’s imprisonment (one year and six months of imprisonment) on the grounds of unreasonable sentencing is too unreasonable.

2. Determination

A. The criminal intent of the crime of injury in relation to a mistake of fact is not necessarily recognized as the purpose of injury or the intention of planned injury, but is sufficient to recognize or anticipate the possibility or risk of causing injury to another person due to its own act, and its recognition or predictability is not only conclusive but also definite as the willful negligence.

The following circumstances acknowledged by the evidence duly adopted and examined by the court below and the trial court: ① the Defendant stated in the prosecution that “the victim and the victim at the time of the instant case were seated in a large angle of the table table, the width of which is about 1m, but the victim and the victim were laid in the victim’s table (200C) while entering the dispute with the victim at the time of the instant case; ② the victim did not avoid the line because he did not look at the direction of the defendant who was probbing K at the time of the instant case, and stated that the victim was her face at the time of the instant case, i.e., the Defendant stated that the victim was her face at the time of the instant case, and (iii) the Defendant was her seated in a narrow range of 1 to the victim’s body at the time of the instant case (4) the victim appears to have been her seated in the narrow size of 1 to the extent of 5 to the extent of her shocking.

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