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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2015.01.30 2014노3391
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)등
Text

The judgment of the first instance is reversed.

A defendant shall be punished by imprisonment for one year.

However, for a period of two years from the date this judgment becomes final and conclusive.

Reasons

1. Summary of grounds for appeal;

A. Defendant (the guilty part) did not support the victim H due to the fact that the Defendant did not have been responsible for the injury, such as the injury and pel, and did not assault the victim F and G in collaboration with J and K, as the Defendant did not support the victim H. At the time of the instant case.

B. In light of the facts in violation of the rules of evidence against the prosecutor (not guilty part), the statement of arrest of a flagrant offender against the defendant, the statement of slope M, and the video contents of photographs, the first instance court erred by misapprehending the facts against the rules of evidence and thereby affecting the conclusion of the judgment, even though the defendant can be found guilty of violating the Punishment of Violences, etc. Act (collective violence, deadly weapons, etc.).

The first instance sentencing (six months of imprisonment, two years of suspended execution) on the accused of unreasonable sentencing is too uneasable and unfair.

2. Determination

A. According to the Defendant’s assertion of misunderstanding of facts, first of all, the health care unit, and the evidence duly adopted and examined by the first instance court as to the joint assault against the victim F, the victim F, the victim G, and the victim H, and the victim G at the location of the first instance court at around 01:50 on September 28, 2013, and the fact that the Defendant committed the assault at the time of multiple times by the victim F, the victim G, and the victim G, and the victim G, can be sufficiently recognized;

The following circumstances are acknowledged by the evidence duly adopted and investigated by the Health Team, the first instance court, and the first instance court as to the injury of the victim H. In other words, ① the police dispatched to the 112 report after the fighting has occurred and the Defendant was arrested in the act of committing a crime and investigated by the police at around 02:20 on the same day; ② the victim H was investigated by the police at around 05:45 after the fighting at the hospital, and ② the victim H was under investigation at the police at around 05:45 after the fighting at the hospital.

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