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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 대전지방법원 2013.05.16 2012노2623
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)등
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The lower court erred by misapprehending the legal doctrine that found the Defendant guilty of all the charges of this case, even though the Defendant did not have inflicted an injury on the victims while having committed an assault against the victim D at the location of this case.

B. The sentence of one year and six months of imprisonment sentenced by the lower court, three years of suspended execution, and 120 hours of community service order is too unreasonable.

2. Determination

A. The following circumstances acknowledged by the evidence duly adopted and investigated in the court below's determination of erroneous determination of facts: (i) the victim's statement with respect to the part of the defendant's injury caused by the kitchen knick, is generally consistent from investigative agencies to courts; (ii) the defendant was unable to witness the victim's statement with the kitchen knife and himself/herself; (iii) the victim's partial statement to the effect that the victim's DNA suffered from beer knife; (iv) the victim's bodily statement to the effect that the victim's DNA flown from the victim's arms; and (v) the victim's injury diagnosis report and the photograph taken at the time support the victim's above statement; and (v) the defendant's statement to the victim's knife knife knife knife knife knife knife knife knife knife knife knife kn's.

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