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(영문) 인천지방법원 2014.08.08 2014노900
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
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.

However, for three years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. According to the misunderstanding of facts and misapprehension of legal principles (as to the acquittal portion), the defendant could sufficiently recognize the fact that the head of the victim was at the price due to beer disease after the crime of this case, the court below found the defendant not guilty of the charge that the defendant was at the price of the victim's head due to beer disease, and found the defendant guilty of the charge of injury by misunderstanding of facts and misunderstanding of legal principles, which affected the conclusion of the judgment.

B. The lower court’s sentence of unreasonable sentencing (limited to four months of imprisonment, two years of suspended execution, and 80 hours of community service) is too uneasible and unfair.

2. Judgment on misconception of facts and misapprehension of legal principles

A. On August 28, 2013, the Defendant: (a) around 01:20 on August 28, 2013, the summary of the facts charged in this part of the facts charged, the Defendant, within the “E” entertainment bar located in Seocheon-si, Seocheon-si; and (b) in the order of the Victim F (Age 49)’s singing and singing in a different table and singing, was doing so; (c) while doing any dispute, the Defendant, at the same time, sold the victim’s head to the beer who is a dangerous object, thereby causing bodily injury to the victim.

B. The judgment of the court below held that the victim stated in this court and the investigative agency that "the defendant continued to walk to her own time and her head when the defendant was faced with her head by beer's disease." However, G, H, and I who observed the scene at the time stated in this court and investigative agency that "the defendant was only the victim at the time of drinking." Furthermore, G is an employee of the victim's work, H, and I does not have any special motive to make a false statement at this court and investigative agency. Furthermore, the victim's injury diagnosis letter submitted by the victim does not have any special motive to make a false statement at this court and investigative agency.

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