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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 의정부지방법원 2016.04.06 2016노262
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In fact, when the Defendant was aware of a desire from the injured party, the Defendant did not intend to inflict an injury on the victim due to beer’s disease, as it was caused by the moment of the moment when the Defendant took a beer’s disease.

Therefore, the judgment of the court below that recognized the liability for the crime of special bodily injury, not the crime of special assault or bodily injury, as to the crime of this case, is erroneous.

B. The sentence of the lower court’s improper sentencing (4 months of imprisonment) is too unreasonable.

2. Determination

A. The judgment of the court below as to the assertion of mistake of facts is based on the evidence duly adopted and investigated by the court below, that is, (i) the defendant stated in the investigation that "the defendant was faced with the victim who was seated on the table table 19 pages of the beer who was faced with the victim and was faced with his head" (the investigation record 19 pages), and the written statement submitted to the prosecution that "the victim was faced with beer who was faced with the victim's desire during the time (the investigation record 52 pages)" was stated to the effect that "the victim was faced with beer with beer due to the victim's desire at the time of the investigation (the investigation record 52 pages)" and the victim was consistently stated in the investigation process that "the defendant was faced with this part of the beer who was faced with the beer."

피가 너무 많이 나서 경찰에 신고 하였고 현장 출동 경찰관이 119를 불러 자신을 성모병원으로 후송시켜 주었다’, ‘ 이마가 4cm 정도 찢어져 성모병원에서 꿰맸다’ 는 취지로 진술한 점( 수사기록 30 내지 32 면), ⑶ 피해자의 이마 부분이 찢어져서 피가 나고 있는 사진 등이 수사기관에 제출된 바 있는 점( 수사기록 12, 13 면) 등을 종합하여 보면, 피고인이 적어도 상해의 미필적 고의를 가지고 피해자 쪽으로 맥주병을 던져 공소사실 기재와 같은 상해를 가하였다고

It is reasonable to view it.

Therefore, the defendant's argument cannot be accepted.

B. The defendant's judgment on the unfair argument of sentencing.

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