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(영문) 서울북부지방법원 2016.08.29 2016노589
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. In relation to the facts charged of the special intimidation of this case, the Defendant did not possess a knife, which is a dangerous object due to inconvenience of body by suffering pictures at the time. The Defendant resisted a correctional officer’s unfair act in relation to the facts charged of the injury of this case and interference with the performance of official duties, although there was a fact that the Defendant resisted a correctional officer’s unfair act in relation to the facts charged of the injury of this case, but it was impossible for the correctional officer to inflict an injury on the Defendant. However, the lower court

B. The sentence of the lower court’s unfair sentencing (special intimidation: 4 months of imprisonment and 2 years of imprisonment) is too unreasonable.

2. Determination

A. Determination on the assertion of mistake of facts 1) The following circumstances acknowledged by the evidence duly adopted and investigated by the lower court, i.e., the victim’s “the Defendant at home and abroad” in the investigative agency:

As the president was accumulated, it threatens to search for the president.

The defendant's knife was about 30 cm in length, about 2 cm in width, and about 30 cm in width, and the knife was the knife that the knife tape was cut.

(2) The victim in the court of the court below also stated that the defendant was the president and knife the knife while the defendant was the president.

In other words, I laid down the table.

(3) In full view of the following, the victim’s statement may be sufficiently reliable, and the Defendant is a dangerous article, taking account of the following: (a) the time when the victim testified in the court of original instance: (b) three years after the occurrence of the crime; and (c) the detailed part of the situation at the time may somewhat differ; and (b) the victim may express the detailed part of the situation at the time.

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