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(영문) 대구지방법원 2014.02.07 2013노2150
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) There was no fact that the Defendant detained victims, or assaulted the victims D by breaking the entrance of misunderstanding facts with strings or with strings. 2) The punishment sentenced by the lower court of unfair sentencing (one year and six months of imprisonment, and two years of suspended execution) is too unreasonable.

B. Prosecutor 1) misunderstanding of facts (not guilty part) the lower court rejected only the part concerning the assault against Victim G among the witness witness D’s testimony without any justifiable reason, and there is an error of law that affected the conclusion of the judgment by misunderstanding of facts in violation of the rules of evidence, thereby adversely affecting the conclusion of the judgment. 2) The above sentence sentenced by the lower court of unreasonable sentencing

2. Determination

A. The court below rejected the above argument in detail on the ground that the defendant alleged the same purport as the reasons for appeal in this part of this part of the judgment of the court below. In addition, the court below's decision is justified and there is no error in the misapprehension of law that affected the conclusion of the judgment by misunderstanding the fact that "When the defendant enters the police room at the time, he did not open the entrance as a corrective device at the time of entering the police room, he did not look at the entrance." In addition, the court below's decision is justified and it cannot be said that there is no error in the misapprehension of law that affected the conclusion of the judgment by misunderstanding the facts.

Therefore, this part of the defendant's argument is without merit.

B. The following circumstances acknowledged by the lower court’s determination of the Prosecutor’s assertion of mistake of facts and the evidence duly adopted and examined by the lower court, i.e., the witness D of the lower court citing the truth of the Defendant and about D.

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