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(영문) 수원지방법원 2014.10.30 2014노4685
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment of the court below is reversed.

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

1. Summary of grounds for appeal;

A. Error of mistake or misunderstanding of legal principles (i.e., the fact that the Defendant had been suffering from the victim E (hereinafter “victim”) at the time of the instant case.

She, however, the Defendant used the beer mar with the intent to restrain the victim from committing any additional crimes, which does not constitute the case of carrying dangerous objects under Article 3(1) of the Punishment of Violences, etc. Act.

Secondly, it is difficult to see that the victim was suffering from the victim's face in the beer Sheet of the defendant.

Applicant Nevertheless, the lower court found the Defendant guilty of the instant facts charged by misapprehending the legal doctrine or misapprehending the legal doctrine.

B. Although the Defendant was unable or weak to discern things or make decisions under the influence of alcohol at the time of committing the instant crime, the lower court erred by misapprehending the legal doctrine on mental and physical disorder, thereby adversely affecting the conclusion of the judgment.

2. Determination

A. (1) The evidence duly adopted and examined by the court below and the court below and the court below found the following circumstances acknowledged by the records, namely, ① the victim made a statement that the face was teared in response to the Macju World Cup which the defendant had been under investigation agency, ② the defendant was under treatment in the hospital immediately after the instant case, ② the fact that the victim was under treatment in the hospital, ③ the witness's statement in the court below that "the victim was under the team leader, the defendant was under the bottom of the team, and the defendant was under the bottom of the bar, and the victim was under the floor, and the victim was under the floor, and therefore, the victim was under the floor, and therefore, the victim was under the face of the victim."

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