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(영문) 서울남부지방법원 2017.10.12 2017노1521
폭행등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, the Defendant did not carry the blades at the time and place specified in paragraph 3 of the facts constituting the crime as stated in the judgment below.

B. The punishment sentenced by the court below (two years of imprisonment) is too unreasonable.

2. Determination

A. In the part of the assertion of facts, “a person who has carried dangerous objects and carried them with the intent to use them” refers to the case where he carries dangerous objects or carries them with his body, and does not include the case where he carries them without any intention to use them. However, as long as he carries dangerous objects or carries them with the intent to use them at the scene of the crime, it does not require the victim’s awareness or the actual use of them for the crime (see, e.g., Supreme Court Decisions 2002Do1341, Jun. 14, 2002; 2007Do914, Mar. 30, 2007). In light of the following circumstances acknowledged by the evidence duly adopted and investigated by the court below, the victim’s statement is credibility (the police did not find the victim’s credibility on the ground that the victim’s statement was not sufficient.)

At the investigation stage, the victim consistently up to the original court’s trial stage, “The defendant puts the knick hand into the main machine, but lost the hand, the retail showed the knife and the knife, and the same part as the knife part was also excessive.

“Written Complaint.”

At the time of the crime, the victim reported to 112 as "as soon as possible," and when considering the urgent situation at the time of the crime, the victim's statement is credibility.

On the video images of a mobile phone video CD.

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