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(영문) 서울동부지방법원 2014.06.20 2014노425
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts (Article 1 of the facts stated in the judgment of the original court - The fact of injury to each of the deadly weapons] This part of this case is consistent with the fact that at the time of committing each crime, the defendant assaulted the victim, possessed a knife and knife or a knife, but did not say that knife and knife will die with the victim's knife, and rather, the defendant was knife with the victim

Nevertheless, the lower court erred by misapprehending the facts, thereby convicting each of the crimes in this part.

B. Mental and physical disorder [Article 1 of the Criminal Act as indicated in the judgment of the court below - The Defendant was in a state of having a long period from 20 to 20 years, and each of the crimes committed in this part is also committed under such state of mental and physical disability.

C. The sentence imposed by the lower court on the Defendant (three years of total imprisonment) is too unreasonable.

2. Determination

A. Regarding the assertion of mistake of facts (Article 1 of the facts stated in the original judgment) - the evidence duly adopted and investigated by the court below and the following circumstances that can be recognized by the court - i.e., victim D, under the investigation conducted by the police and the prosecutor's office several times, expressed that the defendant would die and thrown away the knife, etc. in the course of the assault as described in paragraphs (a) and (b) of the criminal facts stated in the judgment of the court below. "In addition, the defendant consistently stated to the purport that it is, as well as the detailed statement about the situation before and after the process, etc., the victim's statement is credibility. Considering that the victim's above statement is reliable, it can be sufficiently recognized that the defendant committed assault and knife and knife or knife as described in paragraphs (a) and (b) of the criminal facts stated in the judgment of the court below, and caused the injury to the victim.

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