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(영문) 대구지방법원 2015.02.13 2014노2761
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The judgment below

The defendant's case shall be reversed.

A defendant shall be punished by imprisonment for not less than one year and six months.

except that this judgment.

Reasons

1. Summary of grounds for appeal;

A. The Defendant (unfair punishment)’s imprisonment (one year and six months of imprisonment, three years of suspended sentence, three years of probation, and 240 hours of community service) is too unreasonable.

B. According to the statements of the public prosecutor (misunderstanding of facts about the acquittal part of the reasons), the court below found the defendant guilty on the ground that "the defendant had inflicted an injury on the victim's hand, etc. by breaking a shoulderer's disease, but the defendant was not guilty on the part that "the defendant caused the victim's hand, etc. due to a shoulderer's wound, which is a dangerous object with the victim, while putting the victim's hand, and thereby caused the victim's hand," which affected the conclusion of the judgment.

2. Judgment on the prosecutor's assertion of mistake of facts

A. The judgment of the court below held that according to the statement of H, all the defendants met three times in the statement of H. The first beer's head, and the first beer's head, and the second beer's hand, etc. were deducted from H and Association Vice-Chairperson, and the second beer's hand, etc. were flicked from the two above two persons, and the third beer's hand was deducted from H. The third beer's hand, and the victim was flicked into the second beer's body, and the second beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's beer's second beer's beer's bet.

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