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(영문) 서울남부지방법원 2016.12.22 2016노695
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal (based on a factual error) is merely an assault against the victim and his/her behaviors, and there was no intimidation against the victim or a knife causing injury to the victim.

On the day of the instant case, the Defendant tried to see that a homeless person was subject to assault from the victim's daily behaviors, and attempted to talk with a good person. However, the Defendant committed a discriminatory assault against the victim, which was imprisoned so far as it was impossible to do so.

Although the defendant's scoos had been scood while being assaulted, there was no threat that "the scood scood" was "the scood" while being scood.

The victim is a perpetrator who has committed a collective assault against the defendant, who conceals his/her criminal facts and rather is likely to cover his/her responsibility.

According to the victim's statement, the defendant could not see the victim's knife the knife part of the buckbbbbbbs. However, the investigative agency did not completely proceed with the procedure of investigating the surrounding persons as a witness, securing on-site CCTV and verifying them, or identifying the knife or fingerprints in the knife.

After the instant case, without accurate confirmation as to where the Defendant cited a knife, where the knife was discovered, where the body part of the victim’s wife was caused on the day of the instant case, whether the victim’s wife was teared, and how the Defendant’s face was faced, and how the Defendant’s face was faced, it is unreasonable to find the Defendant guilty of the instant charges, insofar as the Defendant asserted that there was no collective assault from the victim’s knife and there was no knife possession of the knife.

2. The judgment of the court below and the trial court are legitimate.

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