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(영문) 인천지방법원 2015.07.23 2015노1998
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. As to the violation of the Punishment of Violence, etc. Act (injury by Group, Deadly Weapons, etc.), there is an error of misconception of facts that the court below found the defendant guilty of the facts charged in this case, inasmuch as there is no evidence to prove that there was an injury to the extent that the physiological function of the victim's head was damaged, although the defendant's head was the main of a dangerous object, such as the facts charged in this case.

B. The sentence imposed by the court below on the defendant (one year and six months of imprisonment) is too unreasonable.

2. Determination

A. According to the evidence duly adopted and examined by the court below and the court of first instance as to the assertion of mistake of facts, it is recognized that: (i) the elderly victim was using his head as a softener disease; (ii) at the time of the above softener disease, the victim seems to have suffered a considerable shock; (iii) the victim's two sides remain; (iv) the victim was given medical treatment in an emergency room; and (v) the victim was used after being given medical treatment in an emergency room; (v) although the diagnosis submitted by the victim clearly stated the "10-day observation need", the victim was paid additional expenses; (vi) it appears that the victim did not proceed with additional examination, such as CTgraph, because the victim's additional expenses were borne by the victim; and (vi) the defendant's assertion that the crime was committed in favor of the victim, such as the victim's head, as described in the facts charged in this case, is sufficiently reasonable and reasonable.

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