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(영문) 대구지방법원 2014.06.05 2014노533
폭력행위등처벌에관한법률위반(집단ㆍ흉기등상해)
Text

The defendant's appeal is dismissed.

Reasons

1. Summary of grounds for appeal;

A. The Defendant, at the time of the instant case, was not aware of the victim F (hereinafter “victim”)’s face, and was merely the victim suffered suffering from the victim’s wife due to the luxur’s shock, while the luxur’s disease was broken and the luxur’s disease was broken.

Nevertheless, the judgment of the court below which found the Defendant guilty of the facts charged of this case is erroneous and adversely affected by the judgment.

B. Even if the defendant is guilty of an unreasonable sentencing, in light of the background and degree of the crime, etc., the sentence imposed by the court below (nine months of imprisonment) is too unreasonable.

2. Determination

A. In light of the following circumstances, which can be revealed by the evidence duly adopted and investigated by the lower court regarding the assertion of mistake of facts, the lower court fully recognizes the fact that the Defendant inflicted bodily injury on the victim as the principal soldier as shown in the instant facts charged.

The court below's finding the defendant guilty of the facts charged of this case is just and there is no error of mistake of facts.

The victim made a statement at the police to the effect that he/she was exposed to the face of his/her own illness (Evidence No. 11 pages), and even E/her witness at the time testified to the effect that he/she was exposed to the face of the victim at the police station.

(Evidence No. 21) The victim specifically states that "I am under the influence of alcohol in D as above on the day of the incident" means "I am under the influence of the defendant and E, and I am under the influence of the defendant and E, and I am under the influence of the two people, while I want not to dispute, I am under the influence of the defendant while I am under the influence of the bar, and I am under the influence of the bar. I am under the influence of the two people. I am under the influence of the bar, and I am under the face."

The victim has not been able to respond because he/she was immediately forced to face the illness."

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