(영문) 춘천지방법원 강릉지원 2014.05.27 2013노653

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(영문) 춘천지방법원 강릉지원 2014.05.27 2013노653

폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)

Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. Although there is a fact that the defendant of mistake of facts supports the victim's walking due to the outbreak of the victim, the defendant does not have the head of the victim with the main illness.

Nevertheless, the judgment of the court below which found the defendant guilty of the crime of violation of the Punishment of Violences, etc. Act (a violation of the Act on the Punishment of Violences, etc.

B. The lower court’s sentence of unreasonable sentencing (two years of imprisonment) is too unreasonable.

2. Determination

A. The court below stated that the evidence duly adopted and examined by the court below as well as the testimony of the witness D of the party concerned, namely, D, the only witness of this case, had the criminal investigation agency from the investigation agency to the court of the court of the trial, and that the defendant had drinking with other persons, and immediately thereafter, D, who was the victim at the event held next to the court of the trial, had the victim's head due to the victim's scambling. The contents of the statement are specific and consistent, and I merely stated that D had a fighting in the sub-park from D, and as alleged by the defendant, D had the defendant.

In full view of the following facts: (a) the Defendant stated that he was not at the time of the police investigation, or that he was the victim due to the illness; (b) the Defendant was seated at around 20 meters away from the victim’s place at the time of arrest; (c) the Defendant was faced with a shouldered softener disease; and (d) the Defendant respondeded to the police officer’s in the course of sending back to the hospital that “at the time of the police officer’s questioning the assault; (b) the Defendant stated to the effect that he was the victim at the time of the police investigation that he was the victim due to alcohol, but was not able to fully acknowledge the facts of the crime of the lower judgment that the Defendant was the head of the victim due to a sobane while under the influence of alcohol.

참조조문

-폭력행위 등 처벌에 관한 법률

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