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(영문) 광주지방법원 2013.09.06 2013노1527
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (as to the injury of carrying dangerous articles), the Defendant did not saw the victim's face into a hacksaw or take hack, and the victim was at the time of leaving the victim's face into a hacksaw or drinking, and the victim was at the time of an accident with an electric wire breaking, and the electric wire was cut out. However, the judgment of the court below convicting the Defendant of this part of the facts charged, which affected the conclusion of the judgment

B. The lower court’s imprisonment (one year and ten months) is too unreasonable in light of various circumstances on the Defendant’s point of unfair sentencing.

2. Determination

A. In other words, the following circumstances acknowledged by the evidence duly adopted and examined by the court below regarding the assertion of mistake of facts: ① The victim D made a false statement from the investigative agency to the court below to the court below to the effect that “the defendant was faced with a hacksaw, faced with the face, faced with the right eye at the time of drinking, and made several times at the time of guns,” and “the victim’s statement is clearly and consistently made to the effect that “the defendant has observed the victim’s face at 2 to 3 times with an electric cable,” and these statements made by the victim are consistent with the witness K’s statement, the written diagnosis of injury, the victim’s part of the victim’s injury, and the credibility is high; ② the victim stated that the victim was unable to attend the court of the court below to be punished for the defendant, considering the fact that the victim stated that it is difficult to view that the victim made a false statement to be punished for the defendant, as stated in the judgment of the court below, and thus, the victim’s statement is not justified.

B. The Defendant’s judgment on the assertion of unfair sentencing recognizes the larceny crime, and larceny.

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