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(영문) 부산지방법원 2014.08.07 2014노1836
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

All appeals filed by prosecutors and defendants are dismissed.

Reasons

1. Summary of grounds for appeal;

A. In light of the prosecutor’s violent power on the grounds of unfair sentencing, etc. of the prosecutor’s assertion of unfair sentencing, the sentence of the lower court (Defendant A: Imprisonment of one year and six months, Defendant B: fine of three million won) is too uneased and unreasonable.

B. Defendant A’s assertion of mistake of facts (i.e., the Defendant A did not use the knife, which is a deadly weapon, but otherwise, the lower court which recognized the injury with a deadly weapon, thereby adversely affecting the conclusion of the judgment.

In light of the fact that Do governor's agreement with E on unreasonable sentencing, the sentence of the court below is too unreasonable.

C. Defendant B’s assertion of mistake of facts is merely a knife and attacked first by Defendant A, and the principal injury of said A is irrelevant to the tangible force in the process of defensive action, but the lower court’s judgment that determined otherwise is erroneous and adversely affected the conclusion of the judgment by misapprehending the fact.

2. Judgment on the defendants' assertion of mistake of facts

A. Comprehensively taking into account the evidence duly adopted and examined by the court below, such as CCTV CDs, fact-finding (Choman Hospital of the Medical Foundation, witness E’s legal statement, etc., Defendant A’s statement that “E, at an investigative agency, requested 20 million won to find himself and previous investigators to inform the Defendant A of his philopon criminal, and attached a knife against the Defendant B at the same time, knife with knife with knife with knife with knife and knife knife with knife with knife, etc.” (see, e.g., evidence record 20 pages). The court below also stated that “A knife a knife with knife from Defendant A, knife with knife with knife with knife and knife knife with knife.”

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