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(영문) 의정부지방법원 2014.10.01 2013노2688
폭력행위등처벌에관한법률위반(집단ㆍ흉기등폭행)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. misunderstanding of facts and misunderstanding of legal principles: (a) there is no fact that the Defendant laid a stone of drinking size and laid down on the floor; (b) it cannot be deemed as a dangerous object used to inflict harm on the life and body of the victim; and (b) insofar as the Defendant saw a stone up to the floor and immediately unloaded the stone, and did not inflict any harm on the part of the Defendant, the Defendant cannot be deemed to have used the stone to inflict assault on the victim; (c) the lower court found the Defendant guilty of the facts charged in this case, which erred by misapprehending the legal principles or by misapprehending the legal principles, thereby adversely affecting the conclusion of the judgment.

B. The sentence imposed by the lower court (one year of imprisonment with labor for six months) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly admitted and examined by the court below as to whether the "welth of drinking" of this case constitutes "hazardous goods" or not and the court of the trial, the defendant set up his own car on the road side of the first line where the victim and the trial of the court of the court below decided July 26, 2013, when driving a motor vehicle on the road around 07:30, the defendant decided to allow the victim to stop the motor vehicle on his own on the road side of the first line where the driver's car would fall under the "motor vehicle" of this case. The defendant laid down the victim's motor vehicle on the above road, when the victim stops on the road along the above road, and tried to get the victim from the above road, while the defendant tried to get the victim from the above road, the victim's face can be taken away from the road, and the victim's body can be admitted by social norms, taking into account the facts of this case as well as other facts.

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