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(영문) 전주지방법원 2013.12.06 2013노938
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts 1) The Defendant was merely a person suspected of committing an act, and there was no assault by the victim D. 2) The Defendant did not support the I’s vessel, a police officer, and the police officer attempted to illegally arrest the Defendant without any reason for arresting an offender in the act of committing an act of crime without notifying of the domination principle.

B. The sentence of the lower court (ten months of imprisonment) is too unreasonable in light of all the terms and conditions of sentencing.

2. Determination on the grounds for appeal

A. Judgment on the misunderstanding of facts is based on the following circumstances acknowledged by the court below and the evidence duly adopted and examined by the court below as follows. ① The police and the court below found the victim D to be under the influence of alcohol at the E-cafeteria on December 28, 2012. The defendant was making three times a statement that "I am under the influence of alcohol on the part of the defendant. I am under the influence of alcohol on the E-cafeteria. I am under the influence of the defendant." ② At the police and the prosecutor's office, I am under the ground that "I am under the influence of the defendant's head about the victim D by raising the victim's identity," ② At the police and the prosecutor's office, I am under the circumstance that "I am under the influence of the defendant's head about the victim D, and the defendant also admitted this part of the facts charged by the court below, and there is no violation of the Act on the misunderstanding of Facts concerning the Punishment of Violence, etc.

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