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(영문) 대구지방법원 2014.08.08 2014노25
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

All appeals filed by the defendant and prosecutor are dismissed.

Reasons

1. Summary of grounds for appeal;

A. (1) The defendant does not have any fact when misunderstanding of facts against the defendant, and there is no false fact.

B. The sentence of unfair sentencing (one year and six months of imprisonment, two years of suspended execution, and 160 hours of community service) of the lower court is excessively unreasonable.

B. The lower court’s above sentence is too unhued and unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and examined by the court below as to the defendant's assertion of mistake of facts are: the victim consistently stated that the defendant was at the time of the victim's head due to a shoulder beer disease; the defendant's drinking or elbow was at the left part; the victim submits a written diagnosis of injury corresponding thereto (Evidence No. 115, No. 40); the victim himself/herself was at the time of his/her head due to beer's disease; G witness at the nearby place was "human bee's body," while the defendant stated that he/she was at the bottom of the victim's body, and that he/she was at the bottom of the victim's body, and that he/she was at the bottom of the victim's body, and that he/she was at the close of the victim's body, and that he/she was at the close of the victim's body, and that he/she again claimed that the victim was at the right part of the defendant's body, and that he/she was at the right part of the victim's body.

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